“Plaintiff claims that Defendant committed a medical battery. To establish this claim, Plaintiff must prove all of the following: 1. That Plaintiff consented to a medical procedure, but only on the condition that []; 2. That Defendant proceeded without this condition having occurred; 3. That Defendant intended to perform the procedure with knowledge that the condition had not occurred; 4. That Plaintiff was harmed; and 5. 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]]
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