Informed Consent: How to Tip the Balance in Favour of your Client

Source: The Verdict, Issue 137 / Summer 2013
Author: Susanne Raab
The Verdict, Issue 137 / Summer 2013

A review of the case law in British Columbia over the last decade reveals that while courts have adopted a less paternalistic and more “patient-centered” approach to informed consent, these cases continue to fail on the causation branch of the analysis. This paper will discuss why these cases continue to fail, and what counsel can do to tip the balance in favour of their clients.

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