UJI 13-1118. Circumstantial evidence of medical negligence ("Res ipsa loquitur").

To prove negligence, the patient need not prove specifically what ________________________1 did or failed to do that was negligent. The patient may prove ________________________’s1 negligence by proving each of the following propositions: 1. that the injury or damage to the patient was proximately caused by ________________________ (name of the instrumentality or occurrence) which was ________________________’s1 responsibility to manage and control; and 2. that the event causing the injury or damage to the patient was of a kind which does not ordinarily occur in the absence of negligence on the part of the ________________________1 in control of [the instrumentality] or [that portion of the procedure]. [Propositions (1) and (2) must be proved by the testimony of a doctor testifying as an expert.] If you find that each of these propositions has been proved, then you may, but are not required to, find that __________________1 was negligent. If, on the other hand, you find that either one of these propositions has not been proved or, if you find, notwithstanding the proof of these propositions, that ________________________1 used ordinary care for the safety of others in their control and management of the ________________________ (name of instrumentality or occurrence) then the evidence would not support a finding of negligence. FOOTNOTE Insert the name of the party against whom the claim is asserted.