N.C.P.I.—Civil 809.65A

(Use for claims arising on or after 1 October 2011. For

claims arising before 1 October 2011, use N.C.P.I.-Civil

809.65.) 2

The (state number) issue reads:

“Was (name nurse, attendant, other person) the agent of the

defendant at the time the (describe health care service) was

performed?”3

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, that

(name nurse, attendant, other person) was the defendant's agent at the

time the (describe health care service) was performed.

Ordinarily, a health care provider4 is not liable for the negligence of

[nurses] [attendants] [(name other persons)] who are not the health care

provider’s employees. However, where, in the preparation and

performance of [a medical treatment] [an operation] [(describe other

procedure)] the health care provider has full control and supervision of

the [nurse] [attendant] [(name other person)], such person becomes an

agent and the health care provider is liable for any negligence of that

agent which proximately causes the [injury] [damage]. The [nurse]

[attendant] [(name other person)] is the agent of the health care

provider only if, at the time the (describe health care service) was

performed, the health care provider possesses the power to control

directly and supervise the [nurse] [attendant] [(name other person)]

while performing the (state health care service). The [nurse] [attendant]

[(name other person)] will be considered an agent of the health care

provider if the health care provider possesses this power of supervising

the manner of acting whether or not the power is exercised. (The duties

of the health care provider with respect to such supervision and control

over such agents are substantially the same as those respecting the

other phases of the treatment of the patient generally; that is, in

supervising agents, the health care provider is bound

[to exercise [his] [her] best judgment in the treatment and care of

[his] [her] patient]5

[NOTE WELL: This duty does not apply in cases in

which the jury has before it only a corporate or

administrative medical malpractice claim, pursuant to

N.C. Gen. Stat. § 90-21.12(a) (N.C.P.I.–Civil 809.06).]

[to use reasonable care and diligence in the application of [his]

[her] knowledge and skill to [his] [her] patient's care]6

[NOTE WELL: This duty does not apply in cases

involving only a corporate or administrative medical

malpractice claim. See prior NOTE WELL.]

[and]

[to follow the standards of practice among health care providers

with similar training and experience situated in the same or similar

communities under the same or similar circumstances7 at the time the

health care service was rendered].8)

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 (name nurse, attendant, other person) was the agent of the

defendant at the time the (state health care service) was performed,

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.