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PATIENT’S DUTY TO FOLLOW INSTRUCTIONS

It is the duty of a patient to follow all reasonable and proper advice and instructions given him by his doctor regarding the patient’s care, activities and treatment.

A doctor is not liable for any injury resulting solely from the negligent failure of the patient to follow such advice and instructions.

However, if the negligence [or gross negligence] of the doctor is [proximate] [legal] cause of injury to the patient, the contributory negligence of the patient, if any, in not following such advice and instructions, does not bar recovery by him against the doctor unless such contributory negligence was greater than the negligence [or gross negligence] of the doctor; but the total amount to which the patient would otherwise be entitled shall be reduced in proportion to the negligence attributable to the patient.

NEV. J.I. 6.22

BAJI 6.28

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.

 

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