Jury Instructions > 05 Medical Negligence

530B. Medical Battery Conditional Consent - Jury Instructions

530B. Medical Battery Conditional Consent Form. This is a Jury Instructions form and can be used in 05 Medical Negligence .
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530B. Medical Battery--Conditional Consent Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] committed a medical battery. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of plaintiff] consented to a medical procedure, but only on the condition that [describe what had to occur before consent would be given]; That [name of defendant] proceeded without this condition having occurred; That [name of defendant] intended to perform the procedure with knowledge that the condition had not occurred; That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. 2. 3. 4. 5. A patient can consent to a medical procedure by words or conduct. ___________________________________________________________________________ Derived from former CACI No. 530 April 2007; Revised October 2008
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