In a jury trial jury instructions are given to the jury at the end of the case. These instructions are prepared by the attorneys of both parties and presented to the judge for approval. The instructions tell the jurors what the law is and how to apply the law to the facts that have been proven.
Nevada Instruction to Jury - Essential Factual Elements Necessary to Hold an Instructor, Trainer, or Coach Liable for an Injury to a Participant in a Sports Activity
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How to fill out Instruction To Jury - Essential Factual Elements Necessary To Hold An Instructor, Trainer, Or Coach Liable For An Injury To A Participant In A Sports Activity?
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Judge's Instructions on the Law This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict. You must consider all of the instructions and give them equal consideration.
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.
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.
A jury must begin with at least 6 and no more than 12 members, and each juror must participate in the verdict unless excused under Rule 47(c). (b) Verdict. Unless the parties stipulate otherwise, the verdict must be unanimous and must be returned by a jury of at least 6 members.
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.
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.