CACI  INSTRUCTIONS

534. Informed Refusal - Definition

A [insert type of medical practitioner] must explain the risks of refusing a procedure in language that the patient can understand and give the patient as much information as [he/she] needs to make an informed decision, including any risk that a reasonable person would consider important in deciding not to have a [insert medical procedure]. The patient must be told about any risk of death or serious injury or significant potential complications that may occur if the procedure is refused. A [insert type of medical practitioner] is not required to explain minor risks that are not likely to occur.

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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