AK · jury_instructions
Alaska Civil Pattern Jury Instruction 8.04
Health Care Provider Malpractice - Lack of Consent
The law requires a health care provider to obtain consent before performing a treatment or procedure. If a health care provider fails to obtain consent, [he] [she] [it] may be responsible for the patient’s harm even though the treatment itself met the applicable standard of care. Consent may be given orally or in writing. [A person’s consent may be limited. If a person consents to one form of treatment, it does not mean [he] [she] has consented to other forms of treatment.]
The plaintiff claims that the defendant failed to obtain 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 plaintiff did not consent to the [insert treatment or procedure];
(2) if the plaintiff had been given a choice, [he] [she] would not have consented to the [treatment] [procedure]; and
(3) the [insert treatment or procedure] was a substantial factor in causing plaintiff’s harm.
I will define the term substantial factor for you in a moment.
History
Alaska Civil Pattern Jury Instructions 8.04, dated (Rev. 2002). 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
10b434d216e3d37dcf622bdcd2503722359f6bf5e8fc6dd6250ffee50defe108
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