“Plaintiff claims that Defendant committed a medical battery. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant performed a medical procedure without Plaintiff’s consent or that Plaintiff consented to one medical procedure, but Defendant performed a substantially different medical procedure; 2. That Plaintiff was harmed; and 3. That Defendant’s conduct was a substantial factor in causing Plaintiff’s harm. A patient can consent to a medical procedure by words or conduct.”
[CACI Jury Instructions [citations omitted]]
