What standard instructions were given to the jury in a medical malpractice action?

Plaintiff has not provided a clear record of the jury instructions that were given to the jury but it appears that the standard instructions were given, including CACI No. 1222 that sets out the elements of a cause of action for a manufacturer's negligent failure to warn of product dangers.² That instruction accurately and fully sets out the applicable legal principles and plaintiff has failed to demonstrate that the standard instruction was inadequate in any respect. Standard jury instructions are approved for use as the "official instructions for use in the state of California" after an exhaustive vetting process to ensure accuracy, comprehensiveness, and comprehensibility. (Cal. Rules of Court, rule 2.1050.) Use of these standard instructions "is strongly encouraged." (Cal. Rules of Court, rule 2.1050(e).) While unusual circumstances may warrant special instructions in substitution, or in addition, to standard jury instructions, plaintiff has failed to demonstrate any reason for which the standard instruction was inadequate in this case or why it was necessary to give the special instruction he offered, which was cobbled together from statements taken from two separate court opinions. Modification of jury instructions to include opinion excerpts should be approached with caution because an opinion excerpt, even if a correct statement of the law, "does not necessarily make a good jury instruction." (People v. Adams (1987) 196 Cal.App.3d 201, 204-205.) The standard jury instruction fully and fairly apprised the jury of the controlling

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