Supreme Court of Canada Denies Leave to Appeal in Informed Consent Case

by John McKiggan

Persistent Problems

Between 1994 and 2000, Ms. Klein Tatner consulted several doctors to determine the cause of a variety of neurological symptoms. specialists to try to determine the cause of various symptoms she had. On May 15, 2000, she was diagnosed with tethered cord syndrome, a rare congenital condition.

On May 26, 2000 Dr. Mohr performed surgery on the plaintiff and some of the risks associated with the surgery materialized.

After the operation, Ms. Klein Tatner, her husband and their three children brought an action against Dr. Mohr, and others.

Informed Consent

Tatner did not claim that Dr. Mohr was negligent when he performed the surgery. Rather she claimed that she did not give her informed consent to the medical treatment on the basis that Dr. Mohr had not given Ms. Tatner all the information she needed to properly consent to the surgery.

At trial, Alary J. of the Quebec Superior Court dismissed Tatner’s action. She found that Dr. Mohr was at fault in not disclosing all the risks associated with the surgery, so there was a lack of informed consent. However, Alary J. determined the lack of consent did not cause the plaintiff’s ongoing injuries.

In her view, the evidence showed on a balance of probabilities that Tatner would have agreed to the surgery if she had known all the risks associated with it.

The Quebec Court of Appeal affirmed the trial decision.

The Supreme Court of Canada ruled today that: “The application for leave to appeal…is dismissed with costs.”

Want to Know More About Informed Consent to Treatment?

If you or a loved one have suffered injuries that you think may be due to medical malpractice you can buy a copy of my book: Health Scare: The Consumer’s Guide to Medical Malpractice Claims in Canada: Why 98% of Canadian Medical Malpractice Victims Never Receive a Penny in Compensation. on

Or you can contact me through this blog or by calling toll free in Atlantic Canada 1-877-423-2050 and we will send you a copy, free, anywhere in the Maritimes.

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