Civil Jury Committee Proposed Instructions

Click Here for Committee Members

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What follows are PRELIMINARY drafts of proposed instructions. These are posted for comment and have not been finally approved by the Committee. Comments and suggestions regarding these drafts should be sent promptly to:

Arkansas Supreme Court Committee on Jury Instructions – Civil
c/o Larry Brady
AOC, Justice Building
625 Marshall Street
Little Rock, AR72201

Comments or suggestions may also be directed by e-mail to Larry.Brady@arkansas.gov., or fax (501-682-9410). Please refer to “AMI Committee.”

THESE INSTRUCTIONS ARE PRELIMINARY AND ARE NOT ENTITLED TO THE PRESUMPTION OF VALIDITY CREATED FOR PUBLISHED INSTRUCTIONS BY THE PER CURIAM ORDER OF THE SUPREME COURT OF ARKANSAS DATED APRIL 19, 1965, EFFECTIVE FEBRUARY 1, 1966.

 

The Supreme Court Committee on Model Jury Instructions – Civil  has posted for comment a proposed instruction for Unjust Enrichment – Money Had and Received – Contract Implied at Law.

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Attention

 


            The Civil Jury Instructions Committee has discovered that the publisher made a mistake

 with AMI 1501 (medical malpractice) in the 2009 edition.

 

            This paragraph was omitted:

 

  [In deciding whether any negligence of _____________________

                                                                             (defendant)

was a proximate cause of injury to ____________________, you

                                                               (plaintiff)

 may consider only the expert testimony provided by

_____________________________________________.]

 (Qualified medical experts)

 

 

The complete instruction is set out below:

 

 AMI 1501

DUTY OF PHYSICIAN, SURGEON, DENTIST

 OR OTHER MEDICAL CARE PROVIDER

 

              In (diagnosing the condition of) (treating) (operating upon) (obtaining the informed consent of) a patient, a (physician) (surgeon) (dentist) (medical care provider) must possess and apply with reasonable care the degree of skill and learning ordinarily possessed and used by members of his/her profession in good standing, engaged in the same (type of practice) [or] (specialty) in the locality in which he/she practices, or in a similar locality. A failure to meet this standard is negligence.

 

             [In determining the degree of skill and learning the law required and in deciding whether _________________________

                                      (defendant)

 applied the degree of skill and learning which the law required, you may consider only the expert testimony provided by ___________________________________________________________.]                                                 (medical care provider in the same specialty as the defendant)                                                                                                                             

 

             [In deciding whether any negligence of _____________________

                                                                          (defendant)

was a proximate cause of injury to ____________________, you

                                                                   (plaintiff)

 

may consider only the expert testimony provided by

 _____________________________________________.]

           (qualified medical experts)

 

             [In considering the evidence on any other issue in this case, you are not required to set

 aside your common knowledge, but you have a right to consider all the evidence in light of your own observations and experiences in the affairs of life.]