What is the test for a plaintiff to claim damages for a laminectomy procedure?
Nova Scotia, Canada
The following excerpt is from Downey v. McNeely, 2014 NSSC 457 (CanLII):
Relying on Reibl v. Hughes, 1980 CanLII 23 (SCC), [1980] 2 S.C.R. 880, the defendant says the plaintiff must not only show that the physician failed to explain the material risks of the laminectomy procedure but also that this failure caused the alleged harm he seeks to be compensated for. The plaintiff must show that a reasonable person in his circumstances would not have consented to and undergone the procedure if fully informed of the risks.
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