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“Defendant claims that she did not have to obtain the patient/authorized person’s informed consent to the medical procedure because an emergency existed. To succeed, Defendant must prove both of the following: 1. That Defendant reasonably believed the medical procedure had to be done immediately in order to preserve the life or health the patient; and 2. That Plaintiff was unconscious, there was not enough time to inform the patient, or there was not enough time to get consent from an authorized person.”

[CACI Jury Instructions [citations omitted]]

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Post Author: lawofficesofjamesrdickinson