WPI 105.03 Burden of Proof—Negligence—Health Care Provider
6 WAPRAC WPI 105.03Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 105.03 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part IX. Particularized Standards of Conduct
Chapter 105. Health Care
WPI 105.03 Burden of Proof—Negligence—Health Care Provider
[In connection with the plaintiff's claims of injury resulting from negligence, the] [The] plaintiff has the burden of proving each of the following propositions:
First, that the defendant failed to follow the applicable standard of care and was therefore negligent;
Second, that the plaintiff was injured; and
Third, that the negligence of the defendant was a proximate cause of the injury to the plaintiff.
If you find from your consideration of all of the evidence that each of these propositions has been proved, your verdict should be for the plaintiff [as to this claim]. On the other hand, if any of these propositions has not been proved, your verdict should be for the defendant [as to this claim].
NOTE ON USE
Use this instruction with WPI 105.01 (Negligence—General Health Care Provider), WPI 105.02 (Negligence—Health Care Provider—Specialist) or WPI 105.02.01 (Negligence—Hospital).
Use WPI 21.01 (Meaning of Burden of Proof—Preponderance of the Evidence) with this instruction.
Use this instruction when there is only one defendant and there is no issue of contributory negligence or any other affirmative defense. If there are multiple defendants, cross-claims, or a third-party complaint, the instruction and verdict forms should be modified accordingly.
When the plaintiff's injury consists of a loss of chance of survival or of a better outcome, use WPI 105.09 (Loss of Chance) and either WPI 105.20 (Special Verdict Form—Loss of Chance of [Survival] [Better Outcome]) or WPI 105.21 (Special Verdict Form—Traditional Injury or Loss of Chance of [Survival] [Better Outcome]) with this instruction.
In cases not involving a loss of chance injury, use Verdict Forms A and B, WPI 45.20 (General Verdict Forms—Personal Injury/Wrongful Death—Single Defendant—No Contributory Negligence—No “Empty Chairs”—Separate Damage Elements) with this instruction.
COMMENT
See RCW 4.24.290, RCW 7.70.030, and RCW 7.70.040.
See the Comment to WPI 105.01 (Negligence—General Health Care Provider) concerning the use of the term “standard of care” in this instruction.
In cases involving proof of a loss or reduction of a 50 percent or less chance of survival or of a better outcome, the injury is the loss of the chance. See the Comment to WPI 105.09 (Loss of Chance) concerning cases involving loss of chance as the claimed injury.
[Current as of September 2018.]
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