Photo: Shutterstock.com Proposed Jury Charges and Voir Dire in Lost Chance Cases
In view of the case law and ambiguous pattern jury charges, it is highly recommended that counsel address proximate cause issues in lost chance cases with the trial judge as early as possible and during jury voir dire.
August 23, 2021 at 11:45 AM
14 minute read
Given the established body of case law that exists, it is hard to believe that the New York Pattern Jury instructions (PJI) does not provide for a specific charge to the jury in lost chance cases. See Alan Clark, "Lost Chance as Substantial Factor in Causing Injury," NYLJ (Part 1: Oct. 14, 2020 and Part 2: Oct. 21, 2020. Although the 2020 commentary to the medical malpractice charge PJI 2:150 does discuss at length loss of chance (see pages 81-85) the proximate cause charge PJI 2:70 does not. As experienced counsel know the proximate cause charge is brief and amazingly the commentary does not address this subject matter.
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