Wis JI-Civil 1023.8

In providing chiropractic care to (plaintiff), (chiropractor) was required to use the

degree of care, skill, and judgment which reasonable chiropractors would exercise in the like

or similar circumstances, having due regard for the state of chiropractic knowledge at the

time (plaintiff) was treated. A chiropractor who fails to conform to this standard is negligent.

The burden is on (plaintiff) to prove that (chiropractor) was negligent.

A chiropractor is not negligent, however, for failing to use the highest degree of care,

skill, and judgment or solely because a bad result may have followed (his) (her) care and

treatment. The standard you must apply in determining if (chiropractor) was negligent is

whether (chiropractor) failed to use the degree of care, skill, and judgment which reasonable

chiropractors would exercise given the state of chiropractic knowledge at the time of the

treatment in issue.

[Use this paragraph only if there is evidence of two or more alternative methods

of chiropractic treatment recognized as reasonable: If you find from the evidence that

more than one method of chiropractic treatment for (plaintiff)'s condition was recognized as

reasonable given the state of chiropractic knowledge at that time, (chiropractor) was at liberty

to select any of the recognized methods. (Chiropractor) was not negligent because (he) (she)

chose to use one of these recognized treatment methods rather than another recognized

method if (he) (she) used reasonable care, skill, and judgment in administering the method.]

You have heard testimony during this trial from witnesses who have testified as

experts. The reason for this is because the degree of care, skill, and judgment which a

reasonable chiropractor would exercise is not a matter within the common knowledge of

laypersons. This standard is within the special knowledge of experts and can only be

established by the testimony of experts. You, therefore, may not speculate or guess what the

standard of care, skill, and judgment is in deciding this case but rather must attempt to

determine it from the expert testimony that you heard during this trial.

(Insert the appropriate cause language. To avoid duplication, JI-1500 should not

be given if the following two bracketed paragraphs are used.)

[The cause question asks whether there was a causal connection between negligence

on the part of (chiropractor) and (plaintiff)'s (injury) (condition). A person's negligence is a

cause of a plaintiff's (injury) (condition) if the negligence was a substantial factor in

producing the present condition of the plaintiff's health. This question does not ask about "the

cause" but rather "a cause." The reason for this is that there can be more than one cause of

(an injury) (a condition). The negligence of one (or more) person(s) can cause (an injury) (a

condition), or (an injury) (a condition) can be the result of the natural progression of the

(injury) (condition). In addition, (an injury) (a condition) can be caused jointly by a person's

negligence and the natural progression of the (injury) (condition).]

[If you conclude from the evidence that the present condition of (plaintiff)'s health

was caused jointly by (chiropractor)'s negligence and the natural progression of (plaintiff)'s

(injury) (disease), you should find that (chiropractor)'s negligence was a cause of the

(plaintiff)'s present condition of health.]

[The evidence indicates without dispute that when (plaintiff) retained the services of

(chiropractor) and placed (himself) (herself) under (chiropractor)'s care, (plaintiff) was

suffering from some (disability resulting from injuries sustained in an accident) (illness or

disease). (Plaintiff)'s then physical condition cannot be regarded by you in any way as having

been caused or contributed to by any negligence on the part of (chiropractor). This question

asks you to determine whether the condition of (plaintiff)'s health, as it was when (plaintiff)

placed (himself) (herself) under (chiropractor)'s care, has been aggravated or further impaired

as a natural result of the negligence of (chiropractor)'s treatment.]

(Insert appropriate damage instructions.)

[(Plaintiff) sustained injuries before the treatment by (chiropractor). Such injuries

have caused (and could in the future cause) (plaintiff) to endure pain and suffering and incur

some disability. In answering these questions on damages, you will entirely exclude from

your consideration all damages which resulted from the original injury; you will consider

only the damages (plaintiff) sustained as a result of the treatment by (chiropractor).]

[It will, therefore, be necessary for you to distinguish and separate, first, the natural

results in damages that flow from (plaintiff)'s original (illness) (injuries) and, second, those

that flow from (chiropractor)'s treatment and allow (plaintiff) only the damages that naturally

resulted from the treatment by (chiropractor).]

SPECIAL VERDICT

Was (chiropractor) negligent in (his) (her) care and treatment of (plaintiff)?

Answer: ____________

Yes or No