New Pa. Appellate Cases Tackle Medical Malpractice Jury Instructions and Delay Damages
Jury Instructions – Error in Judgment – In Passarello v. Grumbine, the Pennsylvania Supreme Court ruled that an “error in judgment” jury instruction should never be given to the jury in a medical malpractice action. “If a defendant desires an instruction that conveys the principle that an unfortunate result does not by itself establish negligence, he or she may request from the trial court an instruction, in the appropriate case, that an unfortunate result does not be itself establish negligence. There is no need to resort to the use of ambiguous and problematic phrases such as ‘error in judgment’ or ‘mistake in judgment.'”
Delay Damages – In Roth v. Ross, the Superior Court ruled that Pa.R.Civ.P. 238 delay damages should be awarded on future medical expenses.
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