N.C.P.I.—Civil 809.07

The (state number) issue reads:

"Did the defendant limit the scope of his employment by notice or

special agreement?"

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

that the defendant must prove, by the greater weight of the evidence,

that the omission or failure to act complained of by the plaintiff was

beyond the scope of the defendant's employment because of notice or

special limiting agreement.

A health care provider may, in advance, limit the extent and scope

of his employment by notice or special agreement. (A health care

provider may agree to perform health care services without undertaking or

making himself responsible for the subsequent care and treatment of the

patient.) A health care provider who limits the extent and scope of his

employment has legal responsibility only for the health care services

rendered within the limitations of that employment.1 However, any

health care services he does render must be in accordance with the

standards of practice exercised by members of the same health care

profession with similar training and experience situated in the same or

similar communities at the time the health care service is rendered.

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

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

that the omission or failure to act complained of by the plaintiff was

beyond the scope of the defendant's employment because of notice or

special limiting agreement, then it would be your duty to answer this

issue "Yes" in favor of the defendant.

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 plaintiff.