REBUTTABLE PRESUMPTION OF MEDICAL NEGLIGENCE; JURY QUESTION AS TO BASIC FACTS; PRESUMPTION RENDERED CONCLUSIVE (SHOULD IT ARISE) BY FAILURE TO REBUT AS A MATTER OF LAW
If you find by a preponderance of the evidence that:
[A foreign substance other than medication or a prosthetic device was unintentionally left within the body of a patient following surgery;]
[An explosion or fire originating in a substance used in treatment occurred in the course of treatment;]
[An unintended burn caused by heat, radiation or chemicals was suffered in the course of medical care;]
[An injury was suffered during the course of treatment to a part of the body not directly involved in such treatment or proximate thereto;] [or]
[A surgical procedure was performed on the wrong patient or the wrong organ, limb or part of a patient’s body;] then you should also find that the [personal injury] [death] was caused by negligence.
NEV. J.I. 6.18