UJI 13-1104B NMRA
UJI 13-1104B. Duty to inform.
Length: 164 wordsOfficial source
In treating a patient, a doctor is under the duty to communicate to the patient [, or to
the patient’s representative when the patient is a minor or is incapacitated,] that
information which a reasonably prudent patient under similar circumstances would need
to know about:
1. the patient’s condition; [and]
2. the alternatives for treatment; [and]
3. the inherent and potential hazards of the proposed treatment; [and]
4. the likely result if the condition remains untreated.
The duty to inform does not require a doctor to discuss with a patient every risk of
proposed treatment no matter how small or remote. [A doctor has no duty to discuss
risks which the doctor can reasonably expect to be obvious or known to the patient.]
[There is no duty to inform where reasonably well-qualified doctors, acting under
similar circumstances, would reasonably conclude that informing the patient of the
[condition] [inherent and potential hazards of the proposed (treatment) (operation)]
would seriously endanger the patient’s life or health.]