What is the test for determining whether a reasonable person in a plaintiff's position would have undergone the same surgery if properly informed of the risks?
British Columbia, Canada
The following excerpt is from Liu v Chuo, 2019 BCSC 109 (CanLII):
A modified objective analysis is used to determine whether a reasonable person in the plaintiff’s position would have undergone the same surgery if properly informed of the risks: Reibl at pp. 898-900. The question is whether a “reasonable person” who possesses the patient’s reasonable beliefs, fears, desires and expectations would have undergone surgery if fully informed: Arndt v. Smith, 1997 CanLII 360 (SCC), [1997] 2 S.C.R. 539 at para. 9.
Information about the risks attendant on surgery need not come from the physician. It is sufficient if some responsible person, such as a medical office assistant, provides the patient with information about the risks: Maher v. Sutton, 2013 BCSC 1808 at paras. 81-82.
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