What is the standard of care for a doctor who is performing surgery at a private practice?
Alberta, Canada
The following excerpt is from Patterson v. Hryciuk, 2004 ABQB 934 (CanLII):
Distinct from the question of whether a doctor has acted in accordance with the applicable standard of care in his selection or performance of a particular procedure, is whether the doctor obtained an informed consent from the patient to the proposed procedure. The obligation to obtain the informed consent of the patient requires that a doctor properly identify and discuss surgical risks with the patient. Where a doctor does so and obtains the consent of the patient to the procedure and one of the risks discussed materializes, a claim in negligence against that doctor will not succeed (Reibl v. Hughes, 1980 CanLII 23 (SCC), [1980], 2 S.C.R. 880 at 895-900).
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