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330 N D St, Ste 508, San Bernardino, CA 92401

“A patient’s consent to a medical procedure must be “informed.” A patient gives an “informed consent” only after the medical practitioner has adequately explained the proposed treatment or procedure. A medical practitioner must explain the likelihood of success and the risks of agreeing to a medical procedure in language that the patient can understand. A medical practitioner must give the patient as much information as she needs to make an informed decision, including any risk that a reasonable person would consider important in deciding to have the proposed treatment or procedure, and any other information skilled practitioners would disclose to the patient under the same or similar circumstances. The patient must be told about any risk of death or serious injury or significant potential complications that may occur if the procedure is
performed. A medical practitioner is not required to explain minor risks that are not likely to occur.”

[CACI Jury Instructions [citations omitted]]

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Post Author: lawofficesofjamesrdickinson