CJI-Civ. 15:9

The defendant, (name), is not legally responsible to the plaintiff, (name), on (insert

applicable pronoun) claim of battery if the affirmative defense of implied consent based on

an emergency is proved. This defense is proved if you find all of the following:

1. At the time the defendant treated the plaintiff, the defendant reasonably believed

the plaintiff’s life or health was in such danger that to delay (surgery) (treatment) would

further endanger the plaintiff’s life or health;

2. Under the same or similar circumstances, a reasonably careful physician would

have believed the same thing; and

3. The plaintiff was in a mental or physical condition that prevented (insert

applicable pronoun) from being able to indicate (insert applicable pronoun) consent or lack of

consent.