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IDJI 2.10.3

Charging elements of medical negligence

activein force · 2024-01-01 – presentas-observed

On the claim of medical negligence against the defendant for failure to meet the standard of care, the plaintiff has the burden of proof on each of the following propositions:

1. That the defendant failed to meet the applicable standard of care as defined in these instructions;

2. That the plaintiff was injured;

3. That the acts of the defendant which failed to meet the applicable standard of care were a proximate cause of the injuries of the plaintiff; and

4. The elements of damage and the amount thereof.

Comment:

Purpose of instruction: to provide a specific instruction on the elements of proof, couched in the statutory language of I.C. § 6-1012.

Provenance

Source
isc.idaho.gov
Retrieved
2026-08-21
Edition
2026-08-20
Content hash
1b23f7d2bd95b3fd007465cbe2237a13f7552e027897c6ab983b7e2781845b6e
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IDJI 2.10.3 — Charging elements of medical negligence · binding.law