Nevada Jury Instruction - 2.1 With Defenses Of Misuse And Assumption Of Risk
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FAQ
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
Juries must consist of 12 jurors, but at any time before jury selection, the parties may stipulate in writing with the approval of the court that the jury consist of any number less than 12 but not less than six.
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.
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.
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.
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.
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.
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.