WI · jury_instructions
Wis JI-Civil 1023.7
Professional Negligence: Registered Nurses and Licensed Technicians Performing Skilled Services
At the time in question, (defendant) was a (registered nurse) (licensed technician)
serving in this capacity at Hospital. As a (registered nurse) (licensed technician), it was
(defendant)'s duty in (describe the service rendered (plaintiff) to use the degree of care, skill,
and judgment which reasonable (registered nurses) (licensed technicians) would exercise in
the same or similar circumstances, having due regard for the state of learning, education,
experience, and knowledge possessed by (registered nurses) (licensed technicians) at the time
in question. A (registered nurse) (licensed technician) who fails to conform to this standard is
negligent. The burden is on (plaintiff) to prove that (defendant) was negligent.
A (registered nurse) (licensed technician) is not negligent solely because a bad result
may have followed (describe the professional service rendered by the defendant). The
standard you must apply in determining if (defendant) was negligent is whether (defendant)
failed to use the degree of care, skill, and judgment which a reasonable (registered nurse)
(licensed technician) would exercise at the time the service was rendered.
You have heard considerable testimony during this trial from experts in the field of
nursing and medicine who have been called as expert witnesses by both sides. The reason for
this is because the degree of care, skill, and judgment which a reasonable (registered nurse)
(licensed technician) would exercise is not a matter within the common knowledge of
laypersons. These standards are within the special knowledge of experts in the field of
nursing and medicine and can only be established by their testimony. You, therefore, may not
speculate or guess what those standards of care, skill, and judgment are in deciding this case,
but rather must attempt to determine this from the expert testimony that you have heard
during this trial. (In determining the weight to be given an opinion, you should consider the
qualifications and credibility of the expert and whether the reasons for the opinion are based
on facts in the case. You are not bound by any expert's opinion.)
(Insert appropriate burden of proof instruction.)
(Insert appropriate cause instruction.)
History
Wis JI-Civil 1023.7 (2016). ©2016, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
9483176584c609770f94adcff3f0f8e702838c51b5770006012d0027f3e69d7d
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