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Decision Information

Decision Content

13-1105. Consent.

            Consent may be express or implied. Consent is express when written or spoken. Consent is implied when the conduct of the [patient] [patient's representative] or the failure of the [patient] [patient's representative] to object would lead a reasonable person to believe that the [patient] [patient's representative] had consented.

 

USE NOTES

            This instruction is to be given if there is an issue as to whether consent was given. The appropriate choice - "patient" or "patient's representative" - should be made from the bracketed terms.

[As amended, effective January 1, 1987; August 15, 1997; approved, effective February 24, 1998.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.