509. Abandonment of Patient Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims [name of defendant] was negligent because [he/she] did not give [name of patient] enough notice before withdrawing from the case. To succeed, [name of plaintiff] must prove both of the following: 1. 2. That [name of defendant] withdrew from [name of patient]'s care and treatment; and That [name of defendant] did not provide sufficient notice for [name of patient] to obtain another medical practitioner. However, [name of defendant] was not negligent if [he/she] proves that [name of patient] consented to the withdrawal or declined further medical care. ___________________________________________________________________________ New September 2003