Instructions 3 - model for med mal suit

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If you find for the plaintiff in this case, you will be required to determine the amount of damages, if any, and in this connection you are instructed as follows:

1. In determining the amount of any damages, you should keep in mind that the defendant in this case is not responsible for the damage caused by the original injury to plaintiff, but only such damages, if any, as may have been proximately caused to the plaintiff as a result of any negligence by the defendant in the diagnosis and treatment of the plaintiff's injuries.

2. In determining the amount of the plaintiff's damages, if any, you should consider with all other facts and circumstances in evidence the bodily pain and mental anguish, if any, suffered by the plaintiff, as a result of the defendant's negligence.

3. You should also take into consideration whether any of the plaintiff's injuries are permanent, provided they resulted from the defendant's negligence.

4. You should also take into consideration whether the plaintiff was prevented and disabled, by reason of any injuries resulting from the defendant's negligence, from working and earning a livelihood.

5. If you find for the plaintiff, you should determine such sum as in your judgment under all of the evidence in the case will compensate the plaintiff for damages suffered by reason of the defendant's negligent acts; however, such sum shall not exceed $[dollar amount 1], the amount which the plaintiff requests.

6. If you find that the plaintiff is entitled to recover in this case, you should include in your award of damages, if any, such a sum of money as will compensate the plaintiff for the reasonable value of all medical, hospital, and nursing expenses made necessary because of the negligence of the defendant.

7. In addition to the items of damage that I have just mentioned, if you find for the plaintiff, you will award [her/him] that amount of money which you find from the evidence to be the fair and reasonable value of the medical, hospital, and nursing expenses necessarily incurred as a result of the negligence of the defendant and such medical, hospital, and nursing expenses that are reasonably certain to be incurred by the plaintiff in the future.

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