WI · jury_instructions
Wis JI-Civil 1024
Professional Negligence: Medical: Res Ipsa Loquitur
If you find that (name the part of the body that was injured) of (plaintiff) was injured
during the course of the operation performed by (doctor) and if you further find (from
expert medical testimony in this case)1 that the injury to the (name the part of the body that
was injured) of (plaintiff) is of a kind that does not ordinarily occur if a surgeon exercises
proper care and skill, you may infer, from the fact of surgery to the (name the part of the
body that was injured) of (plaintiff), that (doctor) failed to exercise that degree of care and
skill which reasonably prudent surgeons would exercise. This rule will not apply if (doctor)
has offered an explanation for the injury to the (name the part of the body that was injured)
of (plaintiff) which satisfies you that the injury to (plaintiff) did not occur through any
failure on (doctor)’s part to exercise due care and skill.
History
Wis JI-Civil 1024 (7/2024). Release No. 57. Wisconsin Court System, 7/2024. 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
d1aa83452fe08bc0508f9350d68a9d0c53c00c836efb05cf70a7f5f93fdf2846
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