Alaska Civil Pattern Jury Instruction 8.06

If you find that the defendant failed to [obtain informed consent] [communicate material information about the risks of the procedure] [communicate material information about the seriousness of condition and risks of deciding against potential treatment], you must then decide whether any defenses apply. It is a defense to the plaintiff’s claim that [the risk not disclosed was too commonly known or too remote to require disclosure] [the plaintiff stated to the health care provider that the plaintiff would undergo the treatment or procedure regardless of the risk involved] [the plaintiff stated to the health care provider that the plaintiff would refuse the treatment or procedure regardless of the risk involved] [the plaintiff stated to the health care provider that the plaintiff did not want to be informed] [under the circumstances, consent by or on behalf of the patient was not possible] [the health care provider, after considering all of the facts and circumstances, used reasonable discretion as to the manner and extent that the alternatives or risks were disclosed to the patient because the health care provider reasonably believed that a full disclosure would have a substantially adverse effect on the plaintiff’s condition].

The defendant has the burden of proving that [this defense] [one or more of these defenses] is more likely true than not true. If you find the defendant has met this burden, then you must find for the defendant.