UJI 13-1119A. Duty of hospital; patient care.

In ________________________ (insert description of conduct in question), a hospital is under a duty to use ordinary care to avoid or prevent what a reasonably prudent person would foresee as an unreasonable risk of injury to another. A hospital that fails to do so is negligent. “Ordinary care” is that care which a reasonably prudent person would use in the conduct of the person’s own affairs. What constitutes ordinary care varies with the nature of what is being done. As the risk of danger that should reasonably be foreseen increases, the amount of care required also increases. In deciding whether ordinary care has been used, the conduct in question must be considered in the light of all the surrounding circumstances. In ________________________ (insert description of conduct in question), a hospital is under a duty to possess and apply the knowledge and to use the skill and care ordinarily used in reasonably well-operated hospitals under similar circumstances, giving due consideration to the locality involved. A hospital that fails to do so is negligent. The only way in which you may decide whether the hospital in this case possessed and applied the knowledge and used the skill and care which the law required of it is from evidence presented in this trial by ________________________ (insert appropriate category, e.g., hospital administrators, doctors, nurses, or other health care providers) testifying as expert witnesses. In deciding this question, you must not use any personal knowledge of any of the jurors.