John L.A. Lyddane The Error in Judgment Defense Is Alive and Well
In his Medical Malpractice column, John L.A. Lyddane writes that the error in judgment defense "is as valuable as it ever was in protecting the physician defendant from the other 'experts' in the profession who are retained for second guessing."
March 15, 2021 at 10:40 AM
8 minute read
For many years in New York medical malpractice trials, the error in judgment charge was given as a standard part of the jury charge, incorporated into Pattern Jury Instruction 2:150, the very definition of medical malpractice. The widely accepted concept is that where a physician has exercised professional judgment by selecting one of the alternative courses available within the standard of care, that judgment should be protected from second-guessing in the event that the patient does not obtain the desired outcome.
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