INSTRUCTION NO. ________

        Ordinarily, a [physician] [or] [surgeon] has a duty to make reasonable disclosure to [his patient] [a person legally authorized to consent] of all significant facts which, under the circumstances, are necessary to form the basis of an intelligent and informed consent to the proposed [treatment] [operation] and which like [physicians] [surgeons] of good standing in the same or like community would make under similar circumstances. Based upon such disclosure, the [physician] [surgeon] must obtain the consent of the patient before [treating] [operating on] him.

        However, [if the patient is a minor] [if the patient is not in possession of his faculties] [when obtaining consent from the patient would endanger his health], then the [physician] [surgeon] need not obtain consent from the patient; but he must, in that event, obtain consent from a person legally authorized to consent to the [treatment] [operation] [, unless it is impractical to obtain consent because of an emergency].

        If you find that the [physician] [surgeon] failed to obtain such consent, and if you find that any injury proximately resulted from the [treatment] [operation], then the [physician] [surgeon] is liable for such damages.

        (Name) was a person who was legally authorized to consent on behalf of the plaintiff to the [treatment] [operation] involved in this action.

        You may find that an emergency, which excused the obtaining of consent, existed if you find from the evidence that the [physician] [surgeon] found an unanticipated condition, and that immediate action was necessary for the preservation of the life or health of the patient, and that it was impractical to obtain consent to a further [operation] [treatment]. In an emergency it is in the [physician's] [surgeon's] discretion, without any consent, to do what the occasion demands within the usual and customary practice among like [physicians] [surgeons] in good standing in the same or like locality, under similar circumstances.

IDJI 206.

GIVEN ______________

REFUSED ____________

MODIFIED ___________

COVERED ____________

OTHER ______________