What is a surgeon's obligation to disclose material risks to a patient?
British Columbia, Canada
The following excerpt is from Lotocky et al v. Markle et al, 2006 BCSC 1295 (CanLII):
According to Hopp v. Lepp, 1980 CanLII 14 (SCC), [1980] 2 S.C.R. 192, a surgeon is required to disclose any probable, special or unusual risks associated with a contemplated procedure. If a patient asks specific questions, the surgeon is obliged to answer even if the answer refers only to possible risks. Counsel for the plaintiffs and the doctor agree that there was an obligation in the present case to disclose material risks but the plaintiffs go a step further.
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