Wis JI-Civil 1757

(Question _____) (Subdivision _____ of Question _____) asks what sum of money

will fairly and reasonably compensate (plaintiff) for past health care services?

A person injured by medical negligence (the negligence of a long-term care provider)

may recover the reasonable value of health care services reasonably required as a result of the

injury. Billing statements (which may include invoices) for health care services (plaintiff) has

received since (insert event giving rise to the medical negligence/the negligence of a long-term care provider) have been admitted into evidence.

[NOTE: Use the following paragraph if no evidence has been received disputing

the value, reasonableness, or necessity of health care services provided to plaintiff:

These billing statements establish the value, reasonableness, and necessity of health care

services provided to (plaintiff). You must still determine whether the health care services

were provided for the injuries sustained by (plaintiff) as a result of the (treatment) (diagnosis)

by (__________).]

[NOTE: Use the following paragraph if evidence has been received disputing the

value, reasonableness, or necessity of health care services provided to plaintiff: The

party challenging the (value of) (reasonableness and necessity of) (plaintiff)'s past health care

services has the burden to prove they were not (reasonable in amount) (reasonably and

necessarily provided to care for (plaintiff)). Unless you are satisfied by the greater weight of

the credible evidence, to a reasonable certainty, that the billing statements (were not

reasonable in amount) (do not reflect health care services reasonably and necessarily

provided to care for (plaintiff)), you must find (the billing statements reflect the reasonable

value of the health care services) (the health care services reflected in the billing statements

were reasonably and necessarily provided to care for (plaintiff)). You must still determine

whether the health care services were provided for the injuries sustained by (plaintiff) as a

result of the (treatment) (diagnosis) by (__________)].

The reasonable value of health care services made necessary by (medical negligence)

(the negligence of a long-term care provider) may be awarded even though (plaintiff) did not

incur any expense, obligation, or liability to pay for those services.

Evidence has also been received of payments made by (list sources) to (plaintiff) or on

behalf of (plaintiff) for health care services.

[Evidence has also been received of services provided at no charge to (plaintiff) by

(list providers).]

The evidence of payments by (list sources) has been received for the sole purpose of

assisting you in determining the reasonable value of the services reasonably required by the

injury. You may not reduce the reasonable value of the health care services on the basis of

payments made by (list sources.)

Also (list subrogated entities) may be entitled to recover repayment or reimbursement

of any amounts which you determine were the result of (the medical negligence) (the

negligence of a long-term care provider).