Pa. High Court Strikes 'Error Of Judgment' Jury Instruction

Law360, New York (February 11, 2014, 6:59 PM EST) -- The Pennsylvania Supreme Court ruled Friday that jurors in medical malpractice cases should not be instructed that physicians are not liable for “errors in judgment” when making medical decisions, finding that the problematic phrase confuses jurors.

The 4-3 ruling affirmed a Superior Court's decision establishing that “error in judgment” jury instructions should never be used because they wrongly suggest that a physician is not liable for the negligent exercise of his or her judgment and because it adds a subjective element into the jury's deliberations....
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