What is the test for obtaining consent to undergo osteotomy surgery?
Alberta, Canada
The following excerpt is from Thorne v. Murphy, 1985 CanLII 1380 (AB QB):
The first involves the doctrine of informed consent. The plaintiff relies on the principles expressed in Reibl v. Hughes (1980), 1980 CanLII 23 (SCC), 33 N.R. 361; 114 D.L.R. (3d) 1 (S.C.C.). It is said that the defendant failed in his duty to inform the plaintiff of the material risks involved in the osteotomy surgery so that the plaintiff could make an informed decision as to whether or not to have that surgery. The plaintiff does not succeed on this ground.
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