402.4d Medical Negligence - Failure to Make or Maintain Records [Negligence is the failure to use reasonable care.] The law requires (defendant) as a licensed health care provider to prepare and maintain health care records. [Because (defendant) did not [make] [or] [maintain] (describe the missing record(s)) or [If you find that a person who was responsible for [making] [or] [maintaining] (describe the missing record(s)) and failed to do so you should presume (describe the missing record(s)) contained evidence of negligence unless (defendant) proves otherwise by the greater weight of the evidence. You may consider this presumption, together with the other evidence, in determining whether (defendant) was negligent.]