MS · jury_instructions
Proposed Mississippi Plain Language Model Jury Instructions - Civil 2706
Medical Malpractice - Emergency Treatment - Affirmative Defense - General Instruction and Verdict Form
General Instruction
[Name of defendant] claims that [he/she] is not legally responsible for [name of
plaintiff]’s damages because [name of defendant] gave [name of plaintiff] emergency medical
treatment at the scene of an accident or on the way to a hospital. To establish this defense, [name
of defendant] must prove all of the following are more likely true than not true:
1. [Name of plaintiff] was injured [at/in] _____________________ [describe the accident];
2. [Name of defendant] gave [name of plaintiff] emergency medical treatment
_____________________ [specify (1) at the scene of the accident or (2) on the way to a
hospital]; and
3. [Name of defendant] acted with good intentions and with reasonable care.
Verdict Form
We answer the questions submitted to us as follows:
1. Was [name of plaintiff] injured [at/in] _____________________ [describe the accident]?
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] give [name of plaintiff] emergency medical treatment
_____________________ [specify (1) at the scene of the accident or (2) on the way to a
hospital]?
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 defendant] act with good intentions and with reasonable care?
YES _______ NO _______
If your answers to questions 1-3 are YES, then you must find in favor of [name of
defendant] on [his/her] defense.
History
Proposed Mississippi Plain Language Model Jury Instructions - Civil 2706 (current as of February 17, 2012). Submitted in 2012 by the Mississippi Model Jury Instructions Commission (created by the Supreme Court of Mississippi by order of December 30, 2008) and published by the Court on courts.ms.gov. The Court states that these model jury instructions have not been adopted or approved by the Supreme Court of Mississippi.
Provenance
- Source
- courts.ms.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
7c04cbbed8da9429c294a3395798eace7589e6cee07677d10b0d3b69e164938d
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