Vaccine Risk Declarations and Nurses

On September 3 2008 the Ontario Court of Appeal in Morgan v. Toronto (City), 2008 ONCA 603¬†affirmed the judgment of Madame Justice Mary A. Sanderson holding that the standard of care to be provided by a public health nurse was that of a prudent and diligent nurse in the same circumstances. This standard requires a nurse to discharge a duty to disclose all known material risks associated with a vaccine she was administering which in the case before the court was Energix B. Nevertheless the case was an unhappy one for the plaintiff who attempted unsuccessfully to challenge the court’s conclusions that the nurse did not breach the standard, that the plaintiff in any event would have provided a consent after having been advised of the risks and that the case on causation had not been made out.

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