21.15 [1994 New] Damages-Actions Against Health Care Providers-Lost Chance of Recovery (Non-Death) Cases-Comparative Fault

Instruction No 1 21.15 [1994 New] Damages--Actions Against Health Care Providers--Lost Chance of Recovery (Non­Death) Cases--Comparative Fault If you assess a percentage of fault to [any] defendant, then, disregarding any fault on the part of plaintiff, 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 (state the name of 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]. In determining the total amount of damages, you must not reduce such amount by any percentage of fault you may assess to (state name of plaintiff ). The judge will compute the final award by: First, multiplying the amount you find as total damages by the percentage you assess as the lost chance of [recovery] [survival]; and Second, making a reduction by any percentage of fault you assess to plaintiff.