Montana Jury Instruction - 3.2 Work Life Expectancy
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Essentially, this doctrine holds that the surgeon's mere presence in the OR makes him or her legally responsible for everything that happens there, regardless of whether he or she has any ability to control the actions of others.
The captain-of-the-ship doctrine is a special case of the borrowed-servant doctrine that applies in operating rooms. In the operating room, the surgeon, as the captain of the ship, picks the crew and gives all the orders. The surgeon is charged with supervising all members of the operating room team.
Overview. Texas Pattern Jury Charges, published by the State Bar of Texas, is a compilation of definitions, jury instructions, and supplemental material, intended to assist practitioners with developing jury charges.
Jury charges (or ?instructions?) are the questions, instructions, and definitions given to a jury by the judge in a case. They provide direction and information to the jury regarding their deliberations. Pattern jury charges are model jury charges designed to guide judges and lawyers in formulating jury charges.
Ingly, the captain of the ship doctrine puts that responsibility onto the surgeon, who is more qualified to ensure that a surgery is mistake free. When mistakes happen, the surgeon has the liability because the surgeon was supposed to supervise and control the procedure.
The doctrine is a principle of medical-malpractice law, often applied to operating room situations. It holds a clinician liable for the actions of all persons under their control and who are employees of the medical center.
Nevada Pattern Jury Instruction 10.09 tells a jury how to award damages in a case of diminished value. The court instructs the jury that if repairs don't fully restore the value of the damaged property, the jury should award the victim the difference between fair market value and the value post repair.
The basic format in the Texas Pattern Jury Charges to submit a breach of contract is to ask, as needed, whether the parties had an agreement and whether one or both of the parties failed to comply with the agreement.
Known as the ?captain of the ship doctrine,? California law allows patients who were injured by the medical malpractice or negligence of the operating staff (like a nurse) to file a lawsuit against the lead surgeon if that surgeon was able to prevent and correct the mistake.
Whenever a question requires an answer other than "yes" or "no," your answer must be based on a preponderance of the evidence [unless you are told otherwise]. The term "preponderance of the evidence" means the greater weight of credible evidence presented in this case.