Patient had surgery that left him paralyzed. Second operation partially alleviated the paralysis. Plaintiff argued that defendant surgeon failed to get informed consent from patient (husband): to inform the patient that there were risk-less alternatives.
Does informed consent require the disclosure of medical risk to the person consenting?
Informed consent requires the adequate disclosure of medical risk with sufficient information to the person consenting.
There must be adequate discussion of the consequences of leaving an ailment untreated (and alternatives).
Because the plaintiff/appellant was not informed of the risk, he could not give informed consent.
Even though risk is low, statistics are only one factor of many that constitute risk.
Appeal allowed, judgement for plaintiff.