WI · jury_instructions
Wis JI-Civil 1742
Personal Injuries: Medical Care: Offsetting Benefit from Operation Against Damages for Negligence in Informing the Patient
(Note: This instruction will usually follow other instructions on damages.)
If you are satisfied that the (operation) (procedure) (treatment), even though not
consented to by (patient), resulted in benefit to (patient), you may consider the value of the
benefit and offset the value of the benefit against any damage to (patient).
In determining whether there should be any offset of benefit against damages, you
should consider the nature of the (operation) (procedure) (treatment), (patient)'s condition
before the (operation) (procedure) (treatment), and (patient)'s condition after the (operation)
(procedure) (treatment). In comparing the benefit and damages, you must consider, on the
basis of (medical) (chiropractic) (dental) (optometric) (podiatric) evidence, what (patient)'s
condition would have been had the operation not been performed.
[If you find that benefits exceed damages, you must find that (patient) has suffered no
damage.]
History
Wis JI-Civil 1742 (2015). ©2015, 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
4a0e336e19028f7b2129dd8670138c646fe384343b95f030db6d7745b4504d70
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