AK · jury_instructions
Alaska Civil Pattern Jury Instruction 8.03A
Health Care Provider Malpractice – Failure to Obtain Informed Consent – Material Risks
The law requires a health care provider to obtain informed consent before performing a treatment or procedure. If the health care provider fails to obtain informed consent, [he] [she] [it] may be responsible for the patient’s harm even though the treatment itself met the applicable standard of care.
The plaintiff claims that the defendant failed to obtain informed consent. In order for the plaintiff to prevail on this claim, you must find it is more likely true than not true that:
(1) the defendant failed to provide enough information about the material risks of the [insert treatment or procedure], the likelihood of those risks occurring, and the reasonable alternatives to [insert type of treatment or procedure] to allow a reasonable person in the plaintiff’s position to make an informed and intelligent decision whether or not to proceed with the [insert type of treatment or procedure];
(2) the plaintiff would have decided against the [insert type of treatment or procedure] if [he] [she] had been provided such information; and
(3) the [insert type of treatment or procedure] was a substantial factor in causing the plaintiff’s harm.
I will now explain to you what the terms “material risk” and “substantial factor” mean.
History
Alaska Civil Pattern Jury Instructions 8.03A, dated (Rev. 2026). Prepared by the Alaska Civil Pattern Jury Instructions Committee; published by the Alaska Court System. The Alaska Court System states that these instructions "have not been approved or promulgated by any court or the Alaska Bar Association."
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
6c6b714cc51b27ce96a4ae79023399be81fed2181228c38b5fd17b4e6b62280d
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