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LIABILITY OF HOSPITAL FOR NEGLIGENCE OF PHYSICIAN OR NURSE

If you should find that the plaintiff was injured as the result of the negligence of defendant (doctor)         (nurse)  you then must determine whether the defendant (hospital) is liable for that negligence.

If the defendant (doctor) (nurse) was employed directly by the plaintiff or by someone on the plaintiffs behalf, the defendant (doctor)(nurse)was not the agent of defendant hospital and the hospital is not liable for the negligence, if any, of said [doctor] [nurse].

A hospital may, as an accommodation to a patient, procedure for him the services of a physician or nurse, without assuming any control over such services. Also, a hospital may, as an accommodation to both patient and [doctor] [nurse], collect form the patient for the [doctor’s] [nurse’s] [fees] [wages]. Any such accommodation on the part of the hospital does not, in and of itself, make the [doctor] [nurse] the agent of the hospital.

If, however, the defendant hospital undertakes to provide [medical] [or] [surgical] [or] [nursing] services to the plaintiff by [a doctor or doctors] [a nurse or nurses] in its employ and under its control, then such person was the agent of defendant hospital and the hospital is liable for the negligence, if any, of said [doctor] [nurse], occurring within the scope of his employment.

NEV. J.I. 6.24

BAJI 6.21

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.