Home Table of Contents

AMI 1507 Issues—Claim for Damages Based on Informed Consent—Negligence—Burden of Proof

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 1507
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 15. Malpractice and Breach of Fiduciary Duty
AMI 1507 Issues—Claim for Damages Based on Informed Consent—Negligence—Burden of Proof
(Plaintiff) asserts two separate grounds for recovery of damages: First, that there was negligence on the part of [and , or one of them]; and, second, that [and , or one of them,] failed to supply adequate information to obtain an informed consent to the [treatment][procedure][surgery].
With respect to the claim of negligence, (plaintiff)[has][have] the burden of proving each of three essential propositions:
First, that [he][she] sustained damages;
Second, that [and , or one of them,] was negligent;
Third, that such negligence was a proximate cause of plaintiff's damages.
With respect to the asserted failure to supply adequate information to obtain an informed consent, plaintiff has the burden of proving each of three essential propositions:
First, that [he][she] sustained damages;
Second, that [and , or one of them,] failed to supply adequate information to obtain an informed consent to the [treatment][procedure][surgery];
And third, that such failure was a proximate cause of (plaintiff's) damages.
[It will be necessary for you to consider separately each asserted ground for recovery. If you find from the evidence that every essential proposition with respect to any one ground for recovery has been proved, then your verdict should be for (plaintiff) (and against the party or parties against whom that ground for recovery is asserted); but if you find from the evidence that any essential proposition with respect to any one ground for recovery has not been proved, then your verdict with respect to that ground for recovery should be for (defendant).]
NOTE ON USE
This instruction should be used where both negligence and failure to obtain an informed consent are submitted.
Do not use the final bracketed paragraph if the case is submitted on interrogatories, or where affirmative defenses are in issue.
This instruction may be modified and used where other or additional grounds of recovery are asserted, such as battery or breach of express warranty.
When this instruction is submitted, AMI 1501, 1508 and 1509 should also be given, except, however, when the patient claims that the medical care provider failed to obtain any consent to treatment from the patient when consent was required, rather than that the medical care provider failed to provide adequate information. In such cases, AMI 1508 and 1509 should not be given.
COMMENT
See Comment to AMI 1506.
End of Document