Louisiana Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care: The Louisiana Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care addresses the duty of an injured party in a personal injury case to mitigate their damages by seeking reasonable medical care. This instruction emphasizes that the injured party has an obligation to take reasonable steps and make reasonable efforts to lessen their damages by actively pursuing medical treatment. When a person is injured due to someone else's negligence or wrongdoing, they have the responsibility to mitigate their damages to the best of their ability. This means that the injured party must seek medical care as soon as possible after the incident, and continue to do so until they have reached maximum medical improvement. The purpose of the duty to mitigate in pursuing medical care is to ensure that the injured party takes reasonable actions to prevent the worsening or prolongation of their injuries. By seeking medical care promptly and consistently, the injured party can not only minimize their physical suffering but also demonstrate to the jury that they have taken reasonable steps to heal and recover. Different Types of Louisiana Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care: 1. Prompt Medical Attention: This type of instruction focuses on the injured party's duty to seek immediate medical attention after an injury. It emphasizes the importance of not delaying medical care, as doing so could result in the exacerbation of injuries. 2. Continuing Medical Treatment: This instruction emphasizes that the duty to mitigate extends beyond initial medical treatment. The injured party is expected to follow through with prescribed treatment plans, attend follow-up appointments, and comply with medical recommendations to achieve the best possible outcome. 3. Seeking Specialized Medical Care: In cases where the injury requires specialized treatment, this instruction highlights the duty of the injured party to reach out to the appropriate medical experts and specialists to ensure their recovery is maximized. 4. Documenting Medical Treatment: This instruction underscores the importance of the injured party maintaining comprehensive records of all medical treatments received. This would include medical reports, bills, receipts, and any other relevant documentation that can be used to prove the efforts made to mitigate damages. Overall, the duty to mitigate in pursuing medical care is crucial in personal injury cases in Louisiana. It establishes the injured party's obligation to actively seek medical treatment in order to lessen their damages and demonstrate their commitment to their own recovery. By fulfilling this duty, the injured party has a stronger chance of receiving fair compensation for their injuries.
Louisiana Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care
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