Proposed Mississippi Plain Language Model Jury Instructions - Civil 2702

General Instruction

[Name of plaintiff] claims that [name of defendant] was medically negligent and that

[name of defendant] is legally responsible for [name of plaintiff]’s damages. To establish this

claim, [name of plaintiff] must prove all of the following are more likely true than not true:

1A. [Name of plaintiff] was [name of defendant]’s patient;

OR

1B. [Name of defendant] gave medical [advice/services/treatment] to [name of plaintiff]; and

2. [Name of defendant] was medically negligent by ___________________________________

[describe the defendant’s alleged negligence];

3. [Name of plaintiff] suffered damages as a result of _______________________ [describe the

defendant’s alleged negligence] because [name of plaintiff] ___________________________

[describe the result that occurred or would not have occurred except for defendant’s alleged

negligence]; and

4. [Name of defendant]’s medical negligence was a substantial factor in causing [name of

plaintiff]’s damages.

Definition(s) in this Instruction:

In this instruction, “negligence” or “negligent” means doing something that a reasonably

careful person would not do under similar circumstances or failing to do something that a

reasonably careful person would do under similar circumstances.

Verdict Form

We answer the questions submitted to us as follows:

1A. Was [name of plaintiff] [name of defendant]’s patient?

OR

1B. Did [name of defendant] give medical [advice/services/treatment] to [name of plaintiff]?

YES _______ NO _______

If your answer to question 1 is YES, then answer question 2. If you answered NO, stop

here and tell the bailiff.

2. Was [name of defendant] medically negligent by ___________________________________

[describe the defendant’s alleged negligence]?

YES _______ NO _______

If your answer to question 2 is YES, then answer question 3. If you answered NO, stop

here and tell the bailiff.

3. Did [name of plaintiff] suffer damages as a result of ________________________________

[describe the defendant’s alleged negligence] because [name of plaintiff]

___________________________________ [describe the result that would have occurred if not

for defendant’s alleged negligence]?

YES _______ NO _______

If your answer to question 3 is YES, then answer question 4. If you answered NO, stop

here and tell the bailiff.

4. Was [name of defendant]’s medical negligence a substantial factor in causing [name of

plaintiff]’s damages?

YES _______ NO _______

If your answer to question 4 is YES, then answer question 5. If you answered NO, stop

here and tell the bailiff.

5. What are [name of plaintiff]’s damages?

$__________ TOTAL

After you have filled out the verdict form, please tell the bailiff that you have reached a verdict.