'Habit' Instructions Void Doctors' Trial Win In Heart Attack Suit

Law360 (October 22, 2020, 6:02 PM EDT) -- A New York appellate panel on Thursday vacated a defense verdict in a suit accusing two physicians of causing a patient's heart attack, saying the trial judge gave erroneous instructions to the jury regarding "habit," or a physician's usual practice when treating patients.

A five-judge Appellate Division panel unanimously ordered a new trial in a suit accusing cardiologist Dr. William A. DeLuccia and gastroenterologist Bruno R. Mazza of causing patient Anthony J. Michalko to suffer a heart attack due to their negligent treatment. The suit claims that the doctors negligently instructed the patient, who had a history of heart disease requiring...

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