21.10 [1993 New] Verdict Directing-Actions Against Health Care Providers-Lost Chance of Survival-Comparative Fault-Multiple Negligent Acts

Instruction No 1 21.10 [1993 New] Verdict Directing--Actions Against Health Care Providers--Lost Chance of Survival--Comparative Fault--Multiple Negligent Acts In your verdict you must assess a percentage of fault to defendant (state the name ) [whether or not (state name of decedent ) was partly at fault] if you believe: First, defendant (state the name ) either: (here set out act or omission complained of ), or (here set out alternative act or omission complained of ), and Second, (state name of decedent ) then had a material chance of [survival] [recovery], and Third, defendant, in any one or more of the respects submitted in paragraph First, was thereby negligent, and Fourth, such negligence directly caused or directly contributed to cause (state name of decedent ) to lose [all] [or] [a material part of] such chance of [survival] [recovery]. [unless you believe you must not assess a percentage of fault to defendant by reason of Instruction Number (here insert number of complete affirmative defense instruction ) ]. *