4. Model Form of Verdict for Statute of Limitations Defense in a Medical Negligence Case Verdict We, the Jury, return the following verdict: 1. Was there negligence on the part of (defendant) which was a legal cause of [loss] [injury] [or] [damage] to (claimant)? Yes No If your answer to question 1 is NO, your verdict is for (defendant) and you should not proceed further except to date and sign this verdict form and return it to the courtroom. If your answer to question 1 is YES, please answer question 2. 2. Did (claimant) know, or by the use of reasonable care should [he] [she] have known, on or before (date), that (claimant or person for whose injury or death claim is made) had sustained injury or damage and that there was a reasonable possibility that the injury or damage was caused by medical negligence? Yes No If your answer to question 2 is YES, then your verdict is for (defendant) and you should not proceed further except to date and sign the verdict form and return it to the courtroom. If your answer to question 2 is NO, please answer question 3. 3. Was there negligence on the part of (claimant) which was a legal cause of [his] [her] [loss] [injury] [or] [damage]? Yes No If your answer to question 3 is YES, please answer question 4. If your answer to question 3 is NO, skip question 4 and proceed to question 5. 4. State the percentage of any negligence which was a legal cause of [loss] [injury] [or] [damage] to (claimant) that you charge to: (defendant) (plaintiff) __________% __________% Total must be 100% Please answer question 5. In determining the amount of damages, do not make any reduction because of the negligence, if any, of (claimant) (decedent) or the [negligence] [(specify other type of conduct)], if any, of (identify additional person(s) or entit(y)(ies)]. If you find that (claimant) (decedent) or (identify additional person(s) or entit(y)(ies)] [was] [were] negligent [or at fault], the court in entering judgment will make an appropriate reduction in the damages awarded. [Select the appropriate damage questions from Forms 2(a) and (b).] SO SAY WE ALL, this day of __________, 2 _. ____________________________________ FOREPERSON