Proposed Mississippi Plain Language Model Jury Instructions - Civil 2704

General Instruction

[Name of plaintiff] claims that [name of defendant] did not tell [name of plaintiff] about

the important risks of ______________ [describe the medical services] 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] did not tell [name of plaintiff] about _____________________ [describe

the important risk(s) which the plaintiff alleges that the defendant did not tell him or her], which

[medical doctors/physicians] know about;

3. A reasonable patient would not have agreed to the medical [services/treatment] if [he/she] had

been told of the important risk(s);

4. [Name of plaintiff] suffered damages as a result [name of defendant] not telling [name of

plaintiff] about _____________________ [describe the important risk(s) which the plaintiff

alleges that the defendant did not tell him or her]; and

5. [Name of defendant]’s failure to tell [name of plaintiff] about _____________________

[describe the important risk(s) which the plaintiff alleges that the defendant did not tell him or

her] was a substantial factor in causing [name of plaintiff]’s damages.

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. Did [name of defendant] tell [name of plaintiff] about _____________________ [describe the

important risk(s) which the plaintiff alleges that the defendant did not tell him or her], which

[medical doctors/physicians] know about?

YES _______ NO _______

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

here and tell the bailiff.

3. Would a reasonable patient have agreed to the medical [services/treatment] if [he/she] had

been told of the important risk(s)?

YES _______ NO _______

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

here and tell the bailiff.

4. Did [name of plaintiff] suffer damages as a result [name of defendant] not telling [name of

plaintiff] about _____________________ [describe the important risk(s) which the plaintiff

alleges that the defendant did not tell him or her]?

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. Was [name of defendant]’s failure to tell [name of plaintiff] about _____________________

[describe the important risk(s) which the plaintiff alleges that the defendant did not tell him or

her] a substantial factor in causing [name of plaintiff]’s damages?

YES _______ NO _______

If your answers to questions 1, 2, 4, and 5 are YES and your answer to question 3 is NO,

then answer question 6. If you answered NO to question 5, stop here and tell the bailiff.

6. 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.