N.C.P.I.—Civil 809.06

The (state number) issue reads:

“Was the plaintiff [injured] [damaged] by the defendant's negligent

performance of [corporate] [administrative] duties?”

On this issue the burden of proof is on the plaintiff. This means

that the plaintiff must prove, by the greater weight of the evidence, two

things: (1) that the defendant was negligent; and (2) that such

negligence was a proximate cause of the plaintiff's [injury] [damage].

As to the first thing that the plaintiff must prove, negligence refers

to the failure to follow a duty of conduct imposed by law. A [hospital]

[nursing home] [adult care home] is under a duty to perform its corporate

or administrative functions in accordance with the standards of practice

among similar health care providers situated in the same or similar

communities under the same or similar circumstances at the time of the

conduct at issue.2

A [hospital's] [nursing home's] [adult care home's] violation of this

duty of care is negligence.

In this case, the plaintiff contends, and the defendant denies, that

the defendant did not perform its corporate or administrative functions

related to the plaintiff's health care in accordance with the standards of

practice among similar health care providers situated in the same or

similar communities under the same or similar circumstances. For you to

find that the defendant failed to meet this duty, the plaintiff must satisfy

you, by the greater weight of the evidence, first, what the standards of

practice for such administrative or corporate duties were among similar

health care providers situated in the same or similar communities under

the same or similar circumstances at the time the defendant (describe

conduct at issue, e.g., "hired the nurse" or "monitored the plaintiff's

care"), and, second, that the defendant did not act in accordance with

those standards of practice. In determining the standards of practice

applicable to this contention,3 you must weigh and consider the

testimony of the witnesses who purport to have knowledge of those

standards of practice and not your own ideas of the standards.

As to the second thing that the plaintiff must prove, the plaintiff

further contends, and the defendant denies, that the defendant's

negligence was a proximate cause of the plaintiff's [injury] [damage].

The plaintiff not only has the burden of proving negligence, but also

that such negligence was a proximate cause of the [injury] [damage].

Proximate cause is a cause which in a natural and continuous sequence

produces a person's [injury] [damage], and is a cause which a reasonable

and prudent health care provider could have foreseen would probably

produce such [injury] [damage] or some similar injurious result.

There may be more than one proximate cause of [an injury]

[damage]. Therefore, the plaintiff need not prove that the defendant's

negligence was the sole proximate cause of the [injury] [damage]. The

plaintiff must prove, by the greater weight of the evidence, only that the

defendant's negligence was a proximate cause. I instruct you that

negligence is not to be presumed from the mere fact of [injury]

[damage].

(Now, members of the jury, I have an additional instruction for you

to consider in relation to the duty I have just described.)4

(Duty to Attend. A health care provider is not bound to render

professional services to everyone who seeks care. However, when a

health care provider undertakes the care and treatment of a patient,

(unless otherwise limited by contract,) the relationship cannot be

terminated at the mere will of the health care provider. The relationship

must continue until the treatment is no longer required, until it is

dissolved by the consent of the parties or until notice is given which

allows the patient a reasonable opportunity to engage the services of

another health care provider.5 The failure of the health care provider to

use reasonable care and judgment in determining when the attendance

may properly and safely be discontinued is negligence. Whether

reasonable care and judgment has been used must be determined by

comparison with the standards of practice of similar health care providers

situated in the same or similar communities under the same or similar

circumstances at the time the health care is rendered.)

Finally, as to this (state number) issue on which the plaintiff has

the burden of proof, if you find, by the greater weight of the evidence,

that the defendant was negligent in any one or more of the ways

contended by the plaintiff and that such negligence was a proximate

cause of the plaintiff's [injury] [damage], then it would be your duty to

answer this issue “Yes” in favor of the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue “No” in favor of the defendant.