13-1116A. Causation; failure to inform; condition treated.

            A doctor who fails in [his] [her] duty to communicate [alternatives for treatment] [inherent and potential hazards] is liable for harm to the patient resulting from the [treatment] [operation] if a reasonably prudent patient [or patient's representative] under similar circumstances would not have consented to the [treatment] [operation] had [he] [she] known of the [alternatives for treatment] [inherent and potential hazards].

DIRECTIONS FOR USE

            Either UJI 13-1116A or 13-1116B NMRA should be given in every action based upon a lack of informed consent. The instruction appropriate to the case should be selected.

            UJI 13-1116A and 13-1116B do not replace UJI 13-308 NMRA. In many cases, the general instruction on causation will still be appropriate.

COMMITTEE COMMENT

            An objective approach to proximate causation in informed consent cases was adopted in Gerety v. Demers, 92 N.M. 396, 589 P.2d 180 (1978).