105.03.01. Duty of a Health Care Institution-Institutional Negligence

105.03.01 Duty of a Health Care Institution--Institutional Negligence Negligence by a [hospital/other institution] is the failure to do something that a reasonably careful [hospital/other institution] would do, or the doing of something that a reasonably careful [hospital/other institution] would not do, under circumstances similar to those shown by the evidence. [In deciding whether the defendant [hospital/other institution] was negligent, you may consider [opinion testimony from qualified witnesses] [evidence of professional standards] [evidence of by-laws/rules/regulations/policies/procedures] [evidence of community practice] [and other evidence] presented in this case.] The law does not say how a reasonably careful [hospital/other institution] would act under these circumstances. That is for you to decide.