Tara A. Newman v. Wonderful Miracle Hospital, Dr. Sharpest Blade, Ima Smartone, RN and Sharron D. Blame, RN EXHIBITS

Tara A. Newman v. Wonderful Miracle Hospital, Dr. Sharpest Blade, Ima Smartone, RN and Sharron D. Blame, RN EXHIBITS

Exhibit One

Exhibit Two

Exhibit Three

Exhibit Four

Exhibit Five

Exhibit Six

Exhibit Seven

Exhibit Eight

Exhibit Nine

Exhibit Ten

Exhibit Eleven

Exhibit Twelve

Exhibit Thirteen

Exhibit Fourteen

Final Instruction # 1 Medical malpractice is a form of negligence. A health care provider commits an act of malpractice when the health care provider fails to exercise the degree of reasonable care and skill in providing health care to a patient as would be exercised by a reasonably careful, skillful and prudent health care provider acting under the same or similar circumstances. The malpractice may consist of doing something that the health care provider should not have done under the circumstances, or the failure to do something that the health care provider should have done under the circumstances.

Final Instruction # 2 A health care provider treating a patient has a duty to use that degree of care and skill ordinarily possessed by other health care providers practicing in the same field. If a health care provider exercises sound judgment in the diagnosis and treatment of a patient, and uses ordinary care and skill in treating a patient, then the health care provider is not responsible for medical malpractice. Medical treatment is not malpractice simply because it does not turn out as it was supposed to have.

Final Instruction # 3 In order for the Plaintiff to recover in this case, Plaintiff has the burden of proving the following elements by a preponderance of the expert evidence: (1) That defendants care and treatment of plaintiff fell below the appropriate standard of care; (2) That defendant failure to meet the appropriate standard of care caused plaintiff harm and/or was a substantial factor in increasing the risk of future harm to plaintiff; and (3) Had defendants met the appropriate standard of care, plaintiff had a chance of avoiding future harm. The Estate of Ms. Newman may not recover for any damages which you find would have occurred no matter what medical care or treatment was rendered to Tara Newman. If the Estate fails to prove any one of these elements by a preponderance of the evidence, it cannot recover. The defendants have no burden of disproving them.

Final Instruction # 4 Physicians are allowed wide range in exercising their judgment and discretion. When other approved methods of treatment are available, the physician must exercise his sound judgment in choosing the treatment. The fact that other methods existed or that another physician would have used a different treatment does not establish malpractice.

Final Instruction # 5 In deciding whether Dr. Blade and the nurses used reasonable care and skill in treating Tara Newman, you must consider only the expert testimony of health care providers. You cannot set up a standard of your own, but you must be guided in that regard by the testimony of health care providers qualified to render opinions regarding the standard of care. If you are unable to determine from the testimony of experts what constitutes reasonable care and skill on medical issues under the circumstances of this case, then there is a failure of proof, and the evidence is, therefore, insufficient to warrant a verdict for the Plaintiff.

Final Instruction # 6 You are to determine whether the health care providers were negligent as alleged by the Plaintiff based upon the facts known to the health care providers as they existed at the time of treatment and the applicable standards of medical treatment. You are not to utilize retrospection or hindsight.

Final Instruction # 7 You should not permit sympathy for, or prejudice against, any of the parties in this action to influence your verdict, but your verdict should be a true verdict in accordance with the law as given to you by the Court and the evidence as given in this cause.

Verdict Form # 1 We, the Jury, find for the Defendants and against the Plaintiff, Estate of Tara A. Newman. Date Foreperson

Verdict Form # 2 We, the Jury, find for Plaintiff, Estate of Tara A. Newman, and against the Defendants, Wonderful Miracle Hospital and it nurses, Ima Smartone and Sharron D. Blame. Date Foreperson

Verdict Form # 3 We, the Jury, find for the Plaintiff, Estate of Tara A. Newman, and against Sharpest Blade, M.D. Date Foreperson

Verdict Form # 4 We, the Jury, find for the Plaintiff, Estate of Tara A. Newman, and against all Defendants. Date Foreperson

How does the jury find? 1. We, the jury, find for the Defendants against the Plaintiff, Estate of Tara A. Newman 2. We, the jury, find for the Plaintiff, Estate of Tara A. Newman against the defendants, Wonderful Miracle Hospital, and its nurses Smartone and Blame 3. We the jury, find for the Plaintiff, Estate of Tara A. Newman, and against Sharpest Blade 4. We, the jury, find for the Plaintiff, Estate of Tara A. Newman, and against all Defendants 0% 0% 0% 0% 1 2 3 4