Del. P.J.I. Civ. § 7.2

INFORMED CONSENT

[Plaintiff’s name] alleges that [defendant’s name] committed medical

negligence by failing to obtain [plaintiff’s name]’s informed consent to perform a

[describe treatment, surgery, procedure, etc.]. “Informed consent” is a patient’s

consent to a procedure after the healthcare provider has explained both the nature of

the proposed procedure or treatment and the risks and alternatives that a reasonable

patient would want to know in deciding whether to undergo the procedure or

treatment. The explanation must be reasonably understandable to a general lay

audience.

You may consider whether the healthcare provider supplied information to the

extent customarily given to patients by other healthcare providers in the same or

similar field of medicine at the time of the [treatment, procedure, surgery, etc.].

The healthcare provider does not have to advise of hazards that are:

(1) inherent in a treatment, and

(2) generally known to people of ordinary intelligence and awareness in a

position similar to that of [plaintiff’s name].

To prevail on this claim, [plaintiff’s name] must prove by a preponderance of

the evidence:

(1) that before the procedure, [defendant’s name] failed to tell [him/her]

about certain risks of the procedure or alternatives to it; and

(2) that a reasonable patient would have considered this information to be

important in deciding whether to have the procedure;

(3) that [plaintiff’s name] has suffered injury as a proximate result of the

procedure; and

(4) that a reasonably prudent patient would have declined to undergo the

procedure if the risks had been known.