21.13 [1994 New] Damages-Actions Against Health Care Providers-Lost Chance of Recovery (Non-Death) Cases-No Comparative Fault

Instruction No 1 21.13 [1994 New] Damages--Actions Against Health Care Providers--Lost Chance of Recovery (Non­Death) Cases--No Comparative Fault If you find in favor of plaintiff, then you must determine the total amount which you believe will fairly and justly value any damages plaintiff sustained [and is reasonably certain to sustain in the future] as a direct result of the absence of recovery. 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] which you find plaintiff 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].