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Oklahoma Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.
Oklahoma Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care: In legal proceedings relating to personal injury or medical malpractice cases, the Oklahoma Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care describes the obligation of the injured party to seek reasonable medical care and take necessary steps to mitigate their damages. This instruction underscores the importance of actively pursuing necessary medical care to minimize the extent of the injury or illness and achieve a prompt recovery. The duty to mitigate in general requires the injured party to act prudently and reasonably when seeking medical treatment. They must make reasonably diligent efforts to find and receive appropriate medical care for their specific condition. Failure to fulfill this duty might result in the reduction of potential damages awarded to the injured party. Keywords: Oklahoma, Jury Instruction, 1.2, duty to mitigate, general, pursuing medical care, personal injury, medical malpractice, damages, reasonable medical care, obligation, injured party, mitigate damages, necessary steps, prompt recovery, prudently, reasonably diligent, medical treatment, appropriate medical care, failure to fulfill duty, reduction of damages. Types of Oklahoma Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care: 1. Oklahoma Jury Instruction — 1.2A Duty To Mitigate In General Pursuing Emergency Medical Care: This instruction refers specifically to situations where the injured party requires immediate medical attention due to an emergency. It highlights the duty to seek emergency medical care promptly and reasonably. The injured party is expected to take appropriate action to mitigate their damages by promptly seeking emergency medical treatment. 2. Oklahoma Jury Instruction — 1.2B Duty To Mitigate In General Pursuing Long-Term Medical Care: This instruction deals with cases where the injured party requires long-term medical care to address their injuries. It emphasizes that the duty to mitigate extends beyond the initial emergency medical care phase. The injured party is expected to pursue ongoing medical treatment diligently to minimize the extent of their damages and achieve the best possible recovery. 3. Oklahoma Jury Instruction — 1.2C Duty To Mitigate In General Pursuing Specialist Medical Care: In cases where the injured party's condition requires to be specialized medical care, this instruction comes into play. It highlights the obligation to reasonably seek out and pursue specialized treatment from qualified healthcare professionals. The injured party is expected to take reasonable steps to find and follow the advice of specialists to mitigate their damages effectively. 4. Oklahoma Jury Instruction — 1.2D Duty To Mitigate In General Pursuing Rehabilitation Services: This instruction pertains to cases where the injured party requires rehabilitative services, such as physical therapy, occupational therapy, or counseling, to aid in their recovery and minimize long-term damages. It accentuates the duty to reasonably seek and comply with recommended rehabilitation services to maximize the chances of a successful recovery.

Oklahoma Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care: In legal proceedings relating to personal injury or medical malpractice cases, the Oklahoma Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care describes the obligation of the injured party to seek reasonable medical care and take necessary steps to mitigate their damages. This instruction underscores the importance of actively pursuing necessary medical care to minimize the extent of the injury or illness and achieve a prompt recovery. The duty to mitigate in general requires the injured party to act prudently and reasonably when seeking medical treatment. They must make reasonably diligent efforts to find and receive appropriate medical care for their specific condition. Failure to fulfill this duty might result in the reduction of potential damages awarded to the injured party. Keywords: Oklahoma, Jury Instruction, 1.2, duty to mitigate, general, pursuing medical care, personal injury, medical malpractice, damages, reasonable medical care, obligation, injured party, mitigate damages, necessary steps, prompt recovery, prudently, reasonably diligent, medical treatment, appropriate medical care, failure to fulfill duty, reduction of damages. Types of Oklahoma Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care: 1. Oklahoma Jury Instruction — 1.2A Duty To Mitigate In General Pursuing Emergency Medical Care: This instruction refers specifically to situations where the injured party requires immediate medical attention due to an emergency. It highlights the duty to seek emergency medical care promptly and reasonably. The injured party is expected to take appropriate action to mitigate their damages by promptly seeking emergency medical treatment. 2. Oklahoma Jury Instruction — 1.2B Duty To Mitigate In General Pursuing Long-Term Medical Care: This instruction deals with cases where the injured party requires long-term medical care to address their injuries. It emphasizes that the duty to mitigate extends beyond the initial emergency medical care phase. The injured party is expected to pursue ongoing medical treatment diligently to minimize the extent of their damages and achieve the best possible recovery. 3. Oklahoma Jury Instruction — 1.2C Duty To Mitigate In General Pursuing Specialist Medical Care: In cases where the injured party's condition requires to be specialized medical care, this instruction comes into play. It highlights the obligation to reasonably seek out and pursue specialized treatment from qualified healthcare professionals. The injured party is expected to take reasonable steps to find and follow the advice of specialists to mitigate their damages effectively. 4. Oklahoma Jury Instruction — 1.2D Duty To Mitigate In General Pursuing Rehabilitation Services: This instruction pertains to cases where the injured party requires rehabilitative services, such as physical therapy, occupational therapy, or counseling, to aid in their recovery and minimize long-term damages. It accentuates the duty to reasonably seek and comply with recommended rehabilitation services to maximize the chances of a successful recovery.

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Proof beyond a reasonable doubt is proof that leaves you firmly convinced the defendant is guilty. It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation.

When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.

A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof."

When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.

It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.

The burden of proof is a legal standard that requires parties to provide evidence to demonstrate that a claim is valid. Three levels of the burden of proof, "beyond a reasonable doubt," a "preponderance of the evidence," and "clear and convincing" determine the level of evidence required for a claim. Colorado Law.

Oklahoma Uniform Jury Instructions (civil & criminal only) are also available on Lexis and Westlaw within the Oklahoma databases.

Jury instructions should ideally be brief, concise, non-repetitive, relevant to the case's details, understandable to the average juror, and should correctly state the law without misleading the jury or inviting unnecessary speculation.

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Oklahoma Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care