NJ Court Urges Change To Medical Malpractice Jury Questions

Law360, New York (June 13, 2013, 7:06 PM EDT) -- A New Jersey appellate panel on Thursday called for changes to a jury instruction form used in medical malpractice cases and asked trial courts not to use it, calling the form's questions erroneous even as the panel upheld the jury verdict that prompted the scrutiny.

The three-judge panel took issue with the “Pre-existing Condition — Increased Risk/Loss Chance — Proximate Cause” model jury instructions, which were used to weigh James Flood’s malpractice suit against Bhanu Aluri-Vallabhaneni, according to the decision. A 10-member jury found for Aluri-Vallabhaneni,...
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