Proposed Mississippi Plain Language Model Jury Instructions - Civil 2709

General Instruction

[Name of plaintiff] claims that [name of defendant 1] and [name of defendant 2] were

medically negligent and that [name of defendant 1] and [name of defendant 2] are 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:

Section A - [Name of Defendant 1]

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

OR

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

2. [Name of defendant 1] 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 1]’s medical negligence was a substantial factor in causing [name of

plaintiff]’s damages.

Section B - [Name of Defendant 2]

5A. [Name of plaintiff] was [name of defendant 2]’s patient;

OR

5B. [Name of defendant 2] gave medical [advice/services/treatment] to [name of plaintiff]; and

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

[describe the defendant’s alleged negligence];

7. [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

8. [Name of defendant 2]’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:

Section A - [Name of defendant 1]

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

OR

1B. Did [name of defendant 1] 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 go to Section B.

2. Was [name of defendant 1] medically negligent by ___________________________________

[describe 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 go to Section B.

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

[describe 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 go to Section B.

4. Was [name of defendant 1]’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 go to Section B.

Section B - [Name of Defendant 2]

5A. Was [name of plaintiff] [name of defendant 2]’s patient?

OR

5B. Did [name of defendant 2] give medical [advice/services/treatment] to [name of plaintiff]?

YES _______ NO _______

If your answer to question 5 is YES, then answer question 6. If you answered NO, stop

here and go to Section C.

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

[describe defendant’s alleged negligence]?

YES _______ NO _______

If your answer to question 6 is YES, then answer question 7. If you answered NO, stop

here and go to Section C.

7. Did [name of plaintiff] suffer damages as a result of _________________________________

[describe 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 7 is YES, then answer question 8. If you answered NO, stop

here and go to Section C.

8. Was [name of defendant 2]’s medical negligence a substantial factor in causing [name of

plaintiff]’s damages?

YES _______ NO _______

If your answer to question 8 is YES, then answer question 9. If you answered NO, stop

here and go to Section C.

Section C

9. If your answers to questions 1-4 are YES, then give a percentage of fault to

[Name of defendant 1]: [Name of defendant 1] __________%

If you answered NO to any question 1-4, then write 0 in the blank.

If your answers to questions 5-8 are YES, then give a percentage of fault to

[Name of defendant 2]: [Name of defendant 2] __________%

If you answered NO to any question 5-8, then write 0 in the blank.

TOTAL 100 %

10. What are [name of plaintiff]’s damages? TOTAL $__________