He said, she said: Does informed consent discussions need to be videotaped?

Behind one of the largest malpractice awards in Canadian history. At issue is how the patient understood the discussion of the risks of Clomid:

According to Ms. Bovington, now 44, Dr. Hergott warned her that having twins was “out of the question” given her history of premature births, but that he could safely prescribe her a low dose of Clomid without running any risk of twinning.

Ms. Bovington said at trial that she would have refused to run the slightest risk of having twins had she been properly informed that it was even a remote possibility.

In direct contradiction to this, Dr. Hergott testified at the trial that he gave Ms. Bovington a pamphlet specifying a 10-per-cent possibility that Clomid could produce twinning. He also said that he told her that in his own experience, the chances were something closer to 3 to 5 per cent — and she was content to go ahead with the pregnancy.

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