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21.04 [1988 New] Damages-Actions Against Health Care Providers-Comparative Fault
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Description
Instruction No 1 21.04 [1988 New] Damages--Actions Against Health Care Providers-- Comparative Fault If you assess a percentage of fault to [any] defendant, then, disregarding any fault on the part of plaintiff, you must determine the total amount of plaintiff's damages to be such sum as will fairly and justly compensate plaintiff for any damages you believe he sustained [and is reasonably certain to sustain in the future] as a direct result of the occurrence mentioned in the evidence. You must state such total amount of plaintiff's damages in your verdict, and you must itemize those total damages by the categories set forth in [the] verdict form [ (insert letter of verdict form if multiple packages are submitted ) ]. In determining the total amount of plaintiff's damages and in itemizing those total damages, you must not reduce such damages by any percentage of fault you may assess to plaintiff. The judge will compute plaintiff's recovery by reducing the amount you find as plaintiff's total damages by any percentage of fault you assess to plaintiff.





