CA · jury_instructions
CACI No. 533
Failure to Obtain Informed Consent—Essential Factual
Elements
[Name of plaintiff] claims that [name of defendant] was negligent because
[he/she/nonbinary pronoun] performed [a/an] [insert medical procedure] on
[name of plaintiff] without first obtaining [his/her/ nonbinary pronoun]
informed consent. To establish this claim, [name of plaintiff] must prove
all of the following:
1. That [name of defendant] performed [a/an] [insert medical
procedure] on [name of plaintiff];
2. That [name of defendant] did not disclose to [name of plaintiff] the
important potential results and risks of[and alternatives to] the
[insert medical procedure];
3. That a reasonable person in [name of plaintiff]’s position would
not have agreed to the [insert medical procedure] if that person
had been adequately informed; and
4. That [name of plaintiff] was harmed by a result or risk that [name
of defendant] should have explained .
New September 2003; Revised June 2014, May 2020
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2025
- Content hash
d01cef2d55d1897305f1b1a05d058d4fb50253b276f1b693d845197fb3eb02ea
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