What is the standard for informed consent in medical malpractice cases?

Manitoba, Canada


The following excerpt is from Dmytriw et al. v. Odim et al., 2015 MBQB 24 (CanLII):

The standard for informed consent was set out in Hopp v. Lepp, 1980 CanLII 14 (SCC), [1980] 2 S.C.R. 192, and Reibl v. Hughes, 1980 CanLII 23 (SCC), [1980] 2 S.C.R. 880. That standard requires that medical practitioners inform their patients of any information that a reasonable person in that patient’s circumstances would want to know prior to making a decision about treatment. Additionally, the standard requires medical practitioners to answer any specific questions posed by their patients. Further, without being asked, it requires medical practitioners to disclose the nature of the proposed treatment, its gravity and any material, special or unusual risks.

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