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“Defendant claims that she did not have to inform Plaintiff of the risks of the medical procedure. A medical practitioner does not have to provide information about risks if the information will so seriously upset the patient that the patient will not be able to reasonably consider the risks of refusing to have the medical procedure. If Defendant has proved that Plaintiff would have been so seriously upset by being told of the risks that he would not have been able to reasonably consider the risks of
refusing to have the medical procedure, then Defendant was not required to inform Plaintiff of the risks.”

[CACI Jury Instructions [citations omitted]]

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Post Author: lawofficesofjamesrdickinson