Kitchen v McMullen

(1990) 1 Med LR 352

NEW BRUNSWICK COURT OF APPEAL

Justice STRATTON, Justice RICE, and Justice AYLES

Professional liability (Canada) — Medical practitioner — Duty of disclosure — Blood product administered to haemophiliac suffering from delayed bleeding — Hepatitis contracted by haemophiliac from blood product — Warning of hepatitis risk on product packaging — Risk of infection very low — Treatment necessary for patient — Medical practice not to disclose risk — Whether doctor should have disclosed risk to patient — Burden of proof