Civil: Jury Instruction, Affirmative Defense—Plaintiff Would Have Consented
“Defendant claims that she is not responsible for Plaintiff’s harm because Plaintiff would have consented…
Civil: Jury Instruction, Risks of Nontreatment
“Plaintiff claims that Defendant was negligent because he did not adequately inform Plaintiff about the…
Civil: Jury Instruction, Informed Refusal—Definition
“A medical practitioner must explain the risks of refusing a procedure in language that the…
Civil: Jury Instruction, Failure to Obtain Informed Consent
“Plaintiff claims that Defendant was negligent because she performed a medical procedure on Plaintiff without…
Civil: Informed Consent—Definition
“A patient’s consent to a medical procedure must be “informed.” A patient gives an “informed…
Civil: Jury Instruction, Consent on Behalf of Another
“In this case Plaintiff could not consent to the medical procedure because he was a…
Civil: Jury Instruction, Medical Battery—Conditional Consent
“Plaintiff claims that Defendant committed a medical battery. To establish this claim, Plaintiff must prove…
Civil: Jury Instruction, Medical Battery
“Plaintiff claims that Defendant committed a medical battery. To establish this claim, Plaintiff must prove…
Civil: Jury Instruction, Medical Malpractice: Res ipsa loquitur
“Plaintiff may prove that Defendant’s negligence caused his harm if he proves all of the…
Civil: Jury Instruction, Duty of Hospital to Screen Medical Staff
“A hospital is negligent if it does not use reasonable care to select and periodically…