“Plaintiff claims that he was harmed by Physician’s [e.g., negligence]. Plaintiff also claims that Hospital is responsible for the harm because Physician was acting as its agent/employee/[other relationship] when the incident occurred. If you find that Physician’s [e.g., negligence] harmed Plaintiff, then you must decide whether Hospital is responsible for the harm. Hospital is responsible if Plaintiff proves both of the following: 1. That Hospital held itself out to the public as a provider of care; and 2. That Plaintiff looked to Hospital for services, rather than selecting Physician for services. A hospital holds itself out to the public as a provider of care unless the hospital gives notice to a patient that a physician is not an agent/employee of the hospital. However, the notice may not be adequate if a patient in need of medical care cannot be expected to understand or act on the information provided. You must take into consideration Plaintiff’s condition at the time and decide whether any notice provided was adequate to give a reasonable person in Plaintiff’s condition notice of the disclaimer.”
[CACI Jury Instructions [citations omitted]]
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