The question of what is required by the standard of disclosure is a question of law that is decided at trial by the trial judge in the circumstance of each case (subject to appeal to the Court of Appeal if not correct in law). The questions of whether the defendant breached the standard of disclosure, and if so, whether that breach was the actual and legal cause of the plaintiff's injury (and any losses or expenses claimed by the plaintiff as a result of that injury) are questions of fact that are decided at trial by the trial judge or jury (subject to appeal to the Court of Appeal if not supported by the evidence). However, in order to provide a basis for all of those questions to be decided in favor of the plaintiff, it is usually necessary to call at least one medical practitioner to testify about:

• options for treatment of the patient’s medical condition;
   
• expected benefits and relative risks of those options; and
   
• decisions that are normally made by patients who are properly informed of the options for treatment and the expected benefits and relative risks of those options.

The defendant will usually call two or more medical practitioners to testify in rebuttal to the evidence of each of the practitioners called by the plaintiff.

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