CACI VF-501 Medical Negligence—Informed Consent—Affirmative Defense—Plaintiff Would Have Consented Even If Informed
California Civil Jury Instructions CACI
VF-501 Medical Negligence—Informed Consent—Affirmative Defense—Plaintiff Would Have Consented Even If Informed
We answer the questions submitted to us as follows:
1.Did [name of defendant] perform a [insert medical procedure] on [name of plaintiff]?
Yes No
If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
2.Did [name of plaintiff] give [his/her/nonbinary pronoun] informed consent for the [insert medical procedure]?
Yes No
If your answer to question 2 is no, then answer question 3. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form.
3.Would a reasonable person in [name of plaintiff]’s position have refused the [insert medical procedure] if that person had been adequately informed of the possible results and risks of [and alternatives to] the [insert medical procedure]?
Yes No
If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
4.Would [name of plaintiff] have consented to the [insert medical procedure] even if [he/she/nonbinary pronoun] had been given adequate information about the risks of the [insert medical procedure]?
Yes No
If your answer to question 4 is no, then answer question 5. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form.
5.Was [name of plaintiff] harmed as a consequence of a result or risk that [name of defendant] should have explained before the [insert medical procedure] was performed?
Yes No
If your answer to question 5 is yes, then answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
6.What are [name of plaintiff]’s damages?
[a.Past economic loss
[lost earnings $]
[lost profits $]
[medical expenses $]
[other past economic loss$]
Total Past Economic Damages: $]
[b.Future economic loss
[lost earnings $]
[lost profits $]
[medical expenses $]
[other future economic loss$]
Total Future Economic Damages: $]
[c.Past noneconomic loss, including [physical
pain/mental suffering:]$]
[d.Future noneconomic loss, including [physical
pain/mental suffering:]$]
TOTAL $
After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom.
New September 2003; Revised April 2007, December 2010, June 2015, December 2016, May 2020
https://crowdsourcelawyers.com/judicial-council-california-civil-jury-instructions-caci
Directions for Use
This verdict form is based on CACI No. 533, Failure to Obtain Informed Consent—Essential Factual Elements, and CACI No. 550, Affirmative Defense—Plaintiff Would Have Consented.
The special verdict forms in this section are intended only as models. They may need to be modified depending on the facts of the case.
If specificity is not required, users do not have to itemize all the damages listed in question 6. The breakdown is optional depending on the circumstances.
If there are multiple causes of action, users may wish to combine the individual forms into one form. If different damages are recoverable on different causes of action, replace the damages tables in all of the verdict forms with CACI No. VF-3920, Damages on Multiple Legal Theories.
If the affirmative defense, which is contained in question 4, is not an issue in the case, question 4 should be omitted and the remaining questions renumbered accordingly.
If the jury is being given the discretion under Civil Code section 3288 to award prejudgment interest (see Bullis v. Security Pac. Nat’l Bank (1978) 21 Cal.3d 801, 814 [148 Cal.Rptr. 22, 582 P.2d 109]), give CACI No. 3935, Prejudgment Interest. This verdict form may need to be augmented for the jury to make any factual findings that are required in order to calculate the amount of prejudgment interest.