CJI-Civ. 15:10

For the plaintiff, (name), to recover from the defendant, (name), on (insert applicable

pronoun) claim of negligence based on lack of informed consent, you must find all of the

following have been proved by a preponderance of the evidence:

1. The defendant (insert an appropriate description of the procedure, treatment,

surgery, tests, etc., that the plaintiff claims the defendant performed or prescribed) (on) (for) the

plaintiff;

2. The defendant negligently failed to obtain the plaintiff’s informed consent before

(insert appropriate description of procedure, etc., as above);

3. A reasonable person in the same or similar circumstances as the plaintiff would

not have consented to (insert appropriate description) had (insert applicable pronoun) been

given the information required for informed consent; and

4. The defendant’s negligent failure caused the plaintiff (additional) (injuries)

(damages) (losses).

If you find that any one or more of these (number) statements has not been proved,

then your verdict must be for the defendant.

On the other hand, if you find that all of these (number) statements have been

proved, (then your verdict must be for the plaintiff) (then you must consider the

defendant’s affirmative defense(s) of [insert any affirmative defense that would be a complete

defense to plaintiff’s claim]).

If you find that (this affirmative defense has) (any one or more of these affirmative

defenses have) been proved by a preponderance of the evidence, then your verdict must be

for the defendant.

However, if you find that (this affirmative defense has not) (none of these

affirmative defenses have) been proved, then your verdict must be for the plaintiff.