13-1110. Duty of patient.

            Every patient has a duty to exercise ordinary care for the patient's own health and safety. A patient who fails to do so is negligent.

DIRECTIONS FOR USE

            This instruction should be given if there is an issue as to the patient's comparative fault, e.g. by failing to follow the doctor's instructions, as a cause of the claimed injury. UJI 13-1601 and 13-1603 NMRA (negligence and ordinary care) should be given with this instruction.

COMMITTEE COMMENT

            The principles of comparative fault apply in medical negligence cases as in other negligence cases. This instruction is intended to apply where there is evidence that the patient failed to follow reasonable medical advice or was otherwise comparatively negligent. See Chapter 22 for special verdict forms through which the jury can apportion fault between the physician and the patient or others whose fault may have contributed to the patient's injury.