• 1994 - Malpractice (Emergency Treatment) Comments Regarding Elimination of Jury Instruction
  • C-14.15
    • Medical Negligence
    • Tort Liability
  • The Commission has eliminated NDJI-CIVIL 515, the prior instruction regarding emergency treatment. The older instruction does not cite any North Dakota case for authority. NDCC 43-17-37 sets out emergency treatment at the scene of an emergency. Clearly, an instruction should be given on this statute when the circumstances exist. However, the Commission considers it a rare situation when a physician comes upon the scene of an emergency. Therefore, the instruction has been eliminated.
    • 12.1-08-06
  • Notes: