VA · jury_instructions
Va. Model Jury Instr. Civ. No. 35.110
Patient’s Duty to Mitigate Damages
A patient who is injured as a result of a physician’s negligence has the duty to use ordinary care
to avoid loss or minimize or lessen the resulting damage.
If a patient fails to perform this duty, he may recover for the injuries caused by his physician’s
negligence but not for the aggravation of any injuries or increase of damages resulting from his
failure to use ordinary care.
History
Virginia Model Jury Instructions – Civil, Release 26, April 2026. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.
Provenance
- Source
- vacourts.gov
- Retrieved
- 2026-10-11
- Edition
- civ-2026-04-01
- Content hash
f0ab02dcbcff82a8586017ccfe473c5a1ad54f35f876d72be1bd7468a7e1612c
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