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

• Category: Federal - Jury Instructions - Supplemental Damage
• State: Multi-State
• Control #: US-11C-1-2-0
• Format: Word; Rich Text

Description

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.

Texas Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care is a type of jury instruction that outlines the responsibilities of a plaintiff to mitigate their damages in a personal injury case when seeking medical care. This instruction emphasizes the duty of the plaintiff to take reasonable steps to minimize their losses and medical expenses related to the injury. Keywords: Texas, jury instruction, duty to mitigate, pursuing medical care, personal injury case, plaintiff, damages, medical expenses, minimize losses, reasonable steps. Different types of Texas Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care may include: 1. Texas Jury Instruction — 1.2(a): DutMitigateat— - Seeking Timely Medical Care: This instruction highlights the plaintiff's duty to seek prompt and appropriate medical care after an injury to avoid exacerbating the damages. It emphasizes that delays or failure to seek medical attention may contribute to the difficulty of assessing the extent of the injuries and damages suffered. 2. Texas Jury Instruction — 1.2(b): DutMitigateat— - Reasonable Medical Treatment: This instruction discusses the plaintiff's obligation to choose reasonable and necessary medical treatment options that are in line with the standard of care. It addresses the importance of following medical advice, attending appointments regularly, and following prescribed treatment plans. 3. Texas Jury Instruction — 1.2(c): DutMitigateat— - Failure To Follow Medical Advice: This instruction informs the jury about the implications of a plaintiff's failure to comply with recommended medical advice. It emphasizes that if the plaintiff's failure to follow treatment leads to an exacerbation or prolongation of the injury, the defendant may not be responsible for the additional damages caused by the plaintiff's noncompliance. 4. Texas Jury Instruction — 1.2(d): DutMitigateat— - Failure To Seek Alternative Medical Care: This instruction discusses situations where a plaintiff fails to explore or consider alternative medical treatments or providers. It highlights the importance of seeking out reasonable alternatives if the initial treatment is not bringing the desired results or if there are conflicting medical opinions. 5. Texas Jury Instruction — 1.2(e): DutMitigateat— - Failure To Mitigate Non-Medical Damages: This instruction expands the duty to mitigate beyond medical care and focuses on the plaintiff's obligations to minimize non-medical damages. It addresses areas like lost wages, property damage repairs, and any other expenses or losses that could have been prevented or lessened through reasonable actions. By providing clear guidance to the jury, Texas Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care helps ensure that the plaintiff's duty to mitigate their damages is understood and considered when evaluating the extent of liability and awarding damages in a personal injury case.