402.16a (3) Emergency Medical Treatment - Jury Issue as to Application of F.S. 768.13(2)(b) - Issues Regarding Reckless Disregard [If you find that (claimant or decedent)'s [care] [treatment] was being rendered under emergency circumstances,] the [next] issue for you to decide is whether (defendant) acted with reckless disregard of the consequences in (describe conduct in question); and, if so, whether that reckless disregard was a legal cause of the [loss] [injury] [or] [damage] to (claimant, decedent or person for whose injury claim is made). A [hospital] [physician] acts with "reckless disregard" for the consequences of [its] [his] [her] actions if [it] [he] [she] knew or should have known at the time [it] [he] [she] rendered emergency services that [its] [his] [her] conduct would likely result in injury or death, considering [the seriousness of the situation] [the lack of a prior patient-physician relationship] [time constraints due to other emergencies requiring [care] [treatment] at the same time] [the lack of time or ability to obtain appropriate medical consultation] [and] [the inability to obtain an appropriate medical history of the patient]. If emergency circumstances have not been established by the greater weight of the evidence but the greater weight of the evidence supports (claimant)'s claim of negligence, then [your verdict [on this claim] should be for (claimant) and against (defendant)] [you should consider the defense(s) raised by (defendant)]. [Proceed to instructions 402.14 and 402.15] [However, if the greater weight of the evidence does not support (claimant)'s claim of negligence, then your verdict [on this claim] should be for (defendant).] On the other hand, if emergency circumstances have been established by the greater weight of the evidence and the greater weight of the evidence also supports (claimant)'s claim of reckless disregard of the consequences, then [your verdict [on this claim] should be for (claimant) and against (defendant)] [you should consider the defense(s) raised by (defendant)]. [Proceed to instructions 402.14 and 402.15] [However, if the greater weight of the evidence does not support (claimant)'s claim of reckless disregard of the consequences, then your verdict [on this claim] should be for (defendant) and against (claimant).]