105.01. Professional Negligence-Duty

105.01 Professional Negligence--Duty A [specialist/doctor/nurse/therapist/health-care provider/accountant/lawyer/other] must possess and use the knowledge, skill, and care ordinarily used by a reasonably careful [specialist/doctor/nurse/therapist/health-care provider/accountant/lawyer/other]. The failure to do something that a reasonably careful [specialist/doctor/nurse/therapist/ health-care provider/accountant/lawyer/other] [practicing in the same or similar localities] would do, or the doing of something that a reasonably careful [specialist/ doctor/nurse/therapist/health-care provider/accountant/lawyer/other] would not do, under circumstances similar to those shown by the evidence, is "professional negligence". The phrase "deviation from the standard of [care] [practice]" means the same thing as "professional negligence." The law does not say how a reasonably careful [specialist/doctor/nurse/therapist/ health-care provider/accountant/lawyer/other] would act under these circumstances. That is for you to decide. In reaching your decision, you must rely upon opinion testimony from qualified witnesses [and] [evidence of professional standards] [evidence of by-laws/ rules/regulations/policies/procedures] [or similar evidence]. You must not attempt to determine how a reasonably careful [specialist/doctor/nurse/therapist/health-care provider/ accountant/lawyer/other] would act from any personal knowledge you may have. Instruction revised September 2011.