Ill. Pattern Jury Instr. (Civil) 105.09

Contributory Negligence

[Under Count ____,] The plaintiff has the burden of proving each of the following

propositions:

First: That [patient's name] was injured.

Second: That the injury [was received from] [occurred during] a [name of instrumentality

or procedure] which [was] [had been] under the defendant's [control] [management].

Third: That in the normal course of events, this injury would not have occurred if the

defendant had used a reasonable standard of professional care while the [name of instrumentality

or procedure] was under his [control] [management].

If you find that each of these propositions has been proved, the law permits you to infer

from them that the defendant was negligent with respect to the [instrumentality or procedure]

while it was under his [control] [management].

If you do draw such an inference, and if you further find that [patient's name]'s injury was

proximately caused by that negligence, your verdict should be for the plaintiff [under this

Count]. On the other hand, if you find that any of these propositions has not been proved, or if

you find that the defendant used a reasonable standard of professional care for the safety of

[patient's name] in his [control] [management] of the [instrumentality or procedure], or if you

find that the defendant's negligence, if any, was not a proximate cause of [patient's name]'s

injury, then your verdict should be for the defendant [under this Count].

[Whether the injury in the normal course of events would not have occurred if the

defendant had used a reasonable standard of professional care while the [instrumentality or

procedure] was under his [control] [management] must be determined from expert testimony

presented in this trial. You must not attempt to determine this question from any personal

knowledge you have.]