UJI 13-1105A NMRA
UJI 13-1105A. Consent no excuse for negligent treatment.
The fact that a doctor communicates the inherent and potential hazards of a
proposed [procedure] [treatment] does not necessarily mean that those hazards, should
they arise, are not the result of negligence in performing the proposed [procedure]
[treatment].
The fact that a patient expressly or impliedly consents to a proposed [procedure]
[treatment] does not mean that the patient consents to the negligent performance of that
[procedure] [treatment] and therefore does not prevent you from considering whether
the [procedure] [treatment] was negligently performed.
The fact that a patient consents to an adequately performed [procedure] [treatment]
does not excuse the doctor from negligence in choosing an unnecessary or
contraindicated [procedure] [treatment].