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

• Category: Federal - Jury Instructions - Supplemental Damage
• State: Multi-State
• City: Houston
• 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. Houston Texas Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care Introduction: Houston Texas Jury Instruction — 1.2 focuses on the duty of a plaintiff to mitigate damages by pursuing appropriate medical care. In personal injury cases, it is important for the injured party to actively seek medical treatment and follow through with prescribed care to minimize potential damages. This instruction aims to explain the duty to mitigate in pursuing medical care and its relevance in determining liability and compensation in a legal case. Keywords: Houston Texas, jury instruction, duty to mitigate, pursuing medical care, personal injury, damages, legal case. Types of Houston Texas Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care: 1. Importance of Seeking Timely Medical Care: This instruction emphasizes the importance of seeking medical care promptly after an injury has occurred. It explains to the jury that if the injured party fails to seek timely medical attention, it may be considered a failure to mitigate damages. By doing so, the injured party may not be entitled to recover damages for additional harm resulting from their failure to seek medical care promptly. Keywords: timely medical care, injury, failure to mitigate, damages, recover, additional harm. 2. Compliance with Recommended Treatment: This instruction highlights the duty of the injured party to comply with the recommended medical treatment. It explains that if the injured party does not follow through with the prescribed treatment, such as medication, physical therapy, or surgery, the jury may reduce the damages awarded, considering that the plaintiff failed to mitigate their damages. Keywords: compliance, recommended treatment, medication, physical therapy, surgery, reduce damages, mitigate damages. 3. Seeking Multiple Medical Opinions: This instruction informs the jury that the injured party has a duty to seek multiple medical opinions if necessary. If the plaintiff received a diagnosis or treatment plan from one medical professional, but failed to seek a second opinion, it may affect the damages awarded. The jury should consider whether the injured party acted reasonably in evaluating their medical condition and pursuing alternative medical advice. Keywords: multiple medical opinions, diagnosis, treatment plan, second opinion, damages awarded, reasonable, medical condition, alternative medical advice. 4. Mitigation of Damages through Alternative Treatments: This instruction addresses the potential duty of the injured party to explore alternative forms of medical care or treatment options that may mitigate the damages. It explains that if the plaintiff chooses a less reasonable or effective treatment option when there are suitable alternatives available, the jury may consider this failure to mitigate and adjust the damages awarded accordingly. Keywords: mitigation of damages, alternative treatments, medical care, treatment options, less reasonable, effective treatment, suitable alternatives, adjust damages. Conclusion: Houston Texas Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care focuses on the duty of the injured party to actively seek and comply with appropriate medical care. By doing so, the injured party can minimize potential damages and fulfill their duty to mitigate. Failure to meet this duty may result in a reduction of damages awarded in a personal injury case. Keywords: duty of the injured party, appropriate medical care, potential damages, mitigate damages, reduction of damages, personal injury case.

Houston Texas Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care Introduction: Houston Texas Jury Instruction — 1.2 focuses on the duty of a plaintiff to mitigate damages by pursuing appropriate medical care. In personal injury cases, it is important for the injured party to actively seek medical treatment and follow through with prescribed care to minimize potential damages. This instruction aims to explain the duty to mitigate in pursuing medical care and its relevance in determining liability and compensation in a legal case. Keywords: Houston Texas, jury instruction, duty to mitigate, pursuing medical care, personal injury, damages, legal case. Types of Houston Texas Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care: 1. Importance of Seeking Timely Medical Care: This instruction emphasizes the importance of seeking medical care promptly after an injury has occurred. It explains to the jury that if the injured party fails to seek timely medical attention, it may be considered a failure to mitigate damages. By doing so, the injured party may not be entitled to recover damages for additional harm resulting from their failure to seek medical care promptly. Keywords: timely medical care, injury, failure to mitigate, damages, recover, additional harm. 2. Compliance with Recommended Treatment: This instruction highlights the duty of the injured party to comply with the recommended medical treatment. It explains that if the injured party does not follow through with the prescribed treatment, such as medication, physical therapy, or surgery, the jury may reduce the damages awarded, considering that the plaintiff failed to mitigate their damages. Keywords: compliance, recommended treatment, medication, physical therapy, surgery, reduce damages, mitigate damages. 3. Seeking Multiple Medical Opinions: This instruction informs the jury that the injured party has a duty to seek multiple medical opinions if necessary. If the plaintiff received a diagnosis or treatment plan from one medical professional, but failed to seek a second opinion, it may affect the damages awarded. The jury should consider whether the injured party acted reasonably in evaluating their medical condition and pursuing alternative medical advice. Keywords: multiple medical opinions, diagnosis, treatment plan, second opinion, damages awarded, reasonable, medical condition, alternative medical advice. 4. Mitigation of Damages through Alternative Treatments: This instruction addresses the potential duty of the injured party to explore alternative forms of medical care or treatment options that may mitigate the damages. It explains that if the plaintiff chooses a less reasonable or effective treatment option when there are suitable alternatives available, the jury may consider this failure to mitigate and adjust the damages awarded accordingly. Keywords: mitigation of damages, alternative treatments, medical care, treatment options, less reasonable, effective treatment, suitable alternatives, adjust damages. Conclusion: Houston Texas Jury Instruction — 1.2 Duty To Mitigate In General Pursuing Medical Care focuses on the duty of the injured party to actively seek and comply with appropriate medical care. By doing so, the injured party can minimize potential damages and fulfill their duty to mitigate. Failure to meet this duty may result in a reduction of damages awarded in a personal injury case. Keywords: duty of the injured party, appropriate medical care, potential damages, mitigate damages, reduction of damages, personal injury case.