Nevada Jury Instructions: Duty Of A Hospital

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DUTY OF A HOSPITAL

[It is the duty of a hospital, such as the defendant______________ , to use reasonable care in furnishing a patient the care, attention and protection reasonably required by his mental and physical condition.]

[It is [also] the duty of a hospital, such as the defendant_________ , to use reasonable care in [selecting a competent medical staff] [periodically reviewing the competency of its medical staff].]

The amount of caution, attention and protection required in the exercise of reasonable care depends on the known condition of the patient and his needs, and must be appropriate to that condition and those needs.

The standard of reasonable care required of a hospital is the care, skill and diligence ordinarily used by hospitals generally under similar circumstances.

A failure to perform any such duty is negligence.

NEV. J.I. 6.23

BAJI 6.20

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.