CACI  INSTRUCTIONS

533. Failure to Obtain Informed Consent - Essential Factual Elements


[Name of plaintiff] claims that [name of defendant] was negligent because [he/she] performed a [insert medical procedure] on [name of plaintiff] without first obtaining [his/her] informed consent. To establish this claim, [name of plaintiff] must prove all of the following:

     1. That [name of defendant] performed a [insert medical procedure] on [name of plaintiff];
     2. That [name of plaintiff] did not give [his/her] informed consent for the [insert medical procedure];
     3. That a reasonable person in [name of plaintiff]'s position would not have agreed to the [insert medical procedure] if he or she had been fully informed of the results and risks of [and alternatives to] the procedure; and
     4. That [name of plaintiff] was harmed by a result or risk that [name of defendant] should have explained before the [insert medical procedure] was performed.

CACI are the approved jury instructions from the Judicial Council of California. Jury instructions are read to the jury by the judge and establish the law the jury must follow in deciding the case. A partner of Cheong, Denove, Rowell & Bennett has been formally recognized as one of the attorneys who assisted the task force in the preparation of these jury instructions.

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