21.09 [1996 Revision] Damages-Actions Against Health Care Providers-Lost Chance of Survival-No Comparative Fault

Instruction No 1 21.09 [1996 Revision] Damages--Actions Against Health Care Providers-- Lost Chance of Survival--No Comparative Fault If you find in favor of plaintiff (state name of plaintiff ad litem or personal representative ), then you must determine the total amount that you believe will fairly and justly value any damages (state name of decedent ) sustained before death as a direct result of the absence of recovery, and any damages (state name of decedent ) survivors sustained after the death [and are reasonably certain to sustain in the future] as a direct result of the death of (state name of decedent ). You must state such total amount in your verdict, and you must itemize that total amount by the categories of damages set forth in the verdict form. In your verdict, you must also state, as a percentage, the chance of [recovery] [survival] that you find (state name of decedent ) lost. In determining the total amount of damages, you must not reduce such damages by the percentage you assess as the lost chance of [recovery] [survival]. The judge will compute the final award by multiplying the total amount you find as damages by the percentage you assess as the lost chance of [recovery] [survival]. You must not consider grief or bereavement suffered by reason of the death.