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“Plaintiff claims that Defendant was negligent because he did not adequately inform Plaintiff about the risks of refusing a medical procedure. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant did not perform the medical procedure on Plaintiff; 2. That Defendant did not disclose to Plaintiff the important potential risks of refusing the medical procedure; 3. That a reasonable person in Plaintiff’s position would have agreed to the medical procedure if that person had been adequately informed about these risks; and 4. That Plaintiff was harmed by the failure to have the medical procedure performed.”

[CACI Jury Instructions [citations omitted]]

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Post Author: lawofficesofjamesrdickinson