The appellant orthopedic surgeon performed a disc operation on the respondent.
Following complications, a second operation by a different surgeon revealed extruded disc material, and the respondent was left with permanent disabilities.
The respondent sued for negligence and battery, alleging a lack of informed consent because the appellant did not disclose that it was his first such operation in private practice, nor did he detail the possible risks.
The Supreme Court of Canada held that a surgeon is not obligated to disclose their specific level of experience if they are fully qualified, nor are they required to disclose mere possible risks inherent in any operation unless specifically asked.
The appeal was allowed and the action dismissed.
