AK · jury_instructions
Alaska Civil Pattern Jury Instruction 8.03B
Health Care Provider Malpractice – Failure to Communicate Material Information/Risks of Nontreatment or Refusal
The law requires a health care provider to provide material information when a patient is deciding for or against potential treatment. If the health care provider fails to communicate material information, [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 communicate material information. 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 communicate material information about the potential seriousness of the condition and the risks of failing to seek treatment 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 for the [insert type of treatment or procedure] if [he] [she] had been provided such information; and
(3) the failure to [insert type of treatment or procedure] was a substantial factor in causing plaintiff’s harm.
I will now explain to you what the terms “material risk” and “substantial factor” mean.
History
Alaska Civil Pattern Jury Instructions 8.03B, 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
47a2fb658907f4b9c17fc6eb11a62223f51253582edf59dbc0f45d32cc9331f1
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