402.16a (1) Emergency Medical Treatment - Jury Issue as to Application of F.S. 768.13(2)(b) - Preliminary Issue on Application of Statute The first issue for you to decide on (claimant)'s claim against (defendant) is whether (claimant) was being [cared for] [treated] under emergency circumstances. [Care] [treatment] is rendered under emergency circumstances when a [hospital] [physician] renders medical [care] [treatment] required by a sudden, unexpected situation or event that resulted in a serious medical condition demanding immediate medical attention, for which (claimant or decedent) initially entered the hospital through its [emergency room] [trauma center], before (claimant or decedent) was medically stabilized and capable of receiving [care] [treatment] as a nonemergency patient. If the greater weight of the evidence does not support that (claimant or decedent)'s [care] [treatment] was being rendered under emergency circumstances then you shall proceed to decide whether (defendant) was negligent in [his] [her] [its] [care] [treatment] of (claimant or decedent). However, if the greater weight of the evidence supports that (claimant or decedent)'s [care] [treatment] was being rendered under emergency circumstances, then you shall proceed to decide whether (defendant) acted in reckless disregard of the consequences in [his] [her] [its] [care] [treatment] of (claimant or decedent).