Wis JI-Civil 1385

Question __________ asks if (hospital) was negligent in caring for (plaintiff)?

A hospital is responsible for the negligence of its employees. A hospital employee

must use ordinary care in providing the services and attention to a patient required under the

circumstances. Ordinary care is the care which a reasonable person would use in similar

circumstances. A person is not using ordinary care and is negligent, if the person, without

intending to do harm, does something (or fails to do something) that a reasonable person

would recognize as creating an unreasonable risk of injury or damage to a person or property.

In determining if the hospital's (employee)(s) (was) (were) negligent, you should

consider (plaintiff)'s condition and whether the condition was known to (employee)(s), and if

not, whether the condition should have been known to (employee)(s) had the (employee)(s)

used ordinary care in performing (his) (her) (their) duties.

In answering these questions, you may consider the following:

• any information about the patient which was transmitted to the hospital by

members of the patient's family or by the person who brought the patient to

the hospital,

• what the patient says or does while in the hospital,

• the records kept by the hospital which were readily available to the

employee(s), and

• any other information or instructions the employee(s) had at that time.

If, after considering all of the evidence, you find that employee(s) (was) (were)

negligent, then (hospital) was negligent.