• 2005 - Malpractice (Duty of Patient)
  • C-14.50
    • Tort Liability
    • Tort Liability
  • A patient may rely on the professional skill and advice of the [physician]. A patient need not call in others, including other physicians, to determine whether the physician really possesses the necessary skill or judgment or that the treatment is proper, unless the patient becomes fully aware that the treatment given or prescribed is improper.

     

    A patient, while exercising ordinary care, is required to listen to and cooperate in a reasonable manner with the physician and to disclose truthfully to the physician material and significant information about the patient’s physical condition or habits when requested to do so by the physician and to follow the reasonable advice and direction of the [hospital] [and] [physician] with respect to the treatment prescribed. If the patient negligently [or willfully] fails to do so, or is otherwise negligent, you may consider that as evidence of fault of the patient.

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    • Benedict v. St. Luke's Hosp., 365 NW2d 499 (ND 1985)
    • Halvorson v. Zimmerman, 232 NW 754 (ND 1930)
    • McDonnell v. Monteith, 221 NW 854 (ND 1930)
    • Miller v. Trinity Medical Ctr, 260 NW2d 4 (1997) (discusses diminished mental capacity of a patient affecting patient's duty)
  • Notes: This instruction should be used only if the fault of a patient is asserted as a defense and is otherwise appropriate.