Failure to Obtain Informed Consent

In Canada, a medical doctor or treatment provider is required to obtain informed consent from every patient before treating or performing a procedure on them. In order to obtain informed consent, doctors, treatment providers and hospitals must provide the patient with the following:

  • An overview of the proposed course of treatment or procedure
  • The risks and benefits associated with the proposed course of treatment or procedure
  • The risks and benefits associated with not electing to proceed with the proposed course of treatment or procedure
  • Alternative treatment options

A medical or treatment provider has a duty to provide accurate and impartial information to a patient. If inaccurate or impartial information is not provided to the patient, and the patient elects to proceed with the proposed course of treatment or procedure, informed consent may not have been provided.

When a doctor or treatment provider failed to obtain informed consent, they may be held liable for medical negligence.

At Law Fifty One, we care about your well-being and ensure you or your loved one receive the best representation possible during these difficult times. We will work closely with doctors, treatment providers, and therapists to ensure you or your loved one receive the best treatment possible while looking after your claim. Our mission is to ensure you or your loved one can concentrate on recovering without having to deal with the daily stress of a medical malpractice claim. At Law Fifty One we are here to help you every step of the way.