M Civ JI 70.01 Form of Verdict: Special Questions in Medical Malpractice Cases (Limitation on Noneconomic Damages)

QUESTION NO. 1: Did the professional negligence or malpractice of the defendant cause or contribute to the plaintiff’s death?

Answer: ____(yes or no)

QUESTION NO. 2: Did the defendant wrongfully leave a foreign object in plaintiff’s body?

Answer: ____(yes or no)

QUESTION NO. 3: Did the injury proximately caused by defendant’s professional negligence or malpractice involve the reproductive system of the plaintiff?

Answer: ____(yes or no)

QUESTION NO. 4: Did the defendant wrongfully remove plaintiff’s [ limb / organ ]?

Answer: ____(yes or no)

QUESTION NO. 5: Did the professional negligence or malpractice of the defendant cause or contribute to the loss of a vital bodily function of plaintiff?

Answer: ____(yes or no)

QUESTION NO. 6: Did the fraudulent conduct of [ name of health care provider ] prevent the discovery of the existence of plaintiff’s claim?

Answer: ____(yes or no).

QUESTION NO. 7: Did the conduct of the defendant amount to a [ specify intentional tort, e.g., battery, etc. ]?

Answer: ____(yes or no)

Signed,

______________________________ _______________________

Foreperson Date

Note on Use

This form of verdict should only be used if the cause of action arose before April 1, 1994. 1993 PA 78.

The court should use only the question or questions that are applicable. These questions may be added to the applicable questions in M Civ JI 66.01A, the form of verdict for negligence actions, but the questions relating to defendant’s negligence should be revised to refer to defendant’s “professional negligence or malpractice.”

History

M Civ JI 70.01 was added June 1987.