13-1112. Health care provider not guarantor; poor results not breach of duty.
A ________________________ does not guarantee a good medical result.
[An unintended incident of treatment] [A poor medical result] is not, in itself, evidence of any wrongdoing by the ________________________. Instead, the patient must prove that the [poor medical result] [unintended incident of treatment] was caused by the ________________________'s negligence.
USE NOTES
"Doctor", "hospital" or other type of health care provider should be inserted into each of the blanks in this instruction, depending on the case.
The first sentence should be given in every case involving a claim of medical negligence, unless the jury could find that there was a promise of a particular medical result. The second sentence should be given in every medical negligence case.
[As amended, effective January 1, 1987; August 15, 1997; approved, effective February 24, 1998.]