Does lack of negligence in the choice of treatment or the manner in which the treatment was performed negate a physician's additional duty to inform the patient of the risks involved in the recommended treatment?

Lack of negligence in the choice of treatment or the manner in which that treatment is performed does not negate a physician’s additional duty to inform his patient of the risks of proceeding in one way as opposed to another. That a physician can owe more than one duty, and the distinction between such duties, was made clear in Reibl v. Hughes, supra, where Laskin C.J., discussing the need to inform a patient of the risks involved in a recommended treatment, stated at p. 13: The issue under consideration is a different issue from that involved where the question is whether the doctor carried out his professional activities by applicable professional standards. What is under consideration here is the patient’s right to know what risks are involved in undergoing or foregoing certain surgery or other treatment.