UT · jury_instructions
MUJI 2d CV319
Written consent defense.
A written consent is a defense to a claim for failure to obtain informed consent, unless:
[(1) [Name of plaintiff] proves by a preponderance of the evidence that the person giving consent lacked the capacity to do so.]
[(2) [Name of plaintiff] proves by clear and convincing evidence that [name of defendant] obtained the consent by fraudulent misrepresentation or fraudulent failure to state facts important to a reasonable person in making decisions about health care.]
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
c13876d8fa7e5e235c9742764e2f1a9177acd6628c8ecb619874e784f688255b
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