The appellant appealed the dismissal of her medical malpractice action against her family physician.
She alleged a lack of informed consent when the physician prescribed birth control pills without adequately discussing the risk of blood clots, after which she developed deep vein thrombosis.
The trial judge found a lack of informed consent but concluded that a reasonable person in the appellant's position would have taken the pill anyway, meaning the lack of disclosure did not cause her injury.
The Court of Appeal dismissed the appeal, finding no error in the trial judge's application of the objective test for informed consent.
