Luke T. Weber of Barley Snyder. Courtesy photo Jury Instruction Dilemma: SSJI 14.90's Conflict With Shifting Pennsylvania Law
What happens when the law changes and the standard charge is wrong? Since 2021, Pennsylvania Suggested Standard Civil Jury Instruction Number 14.90 "Informed Consent-Nondisclosure" has been in direct conflict with Pennsylvania law.
April 22, 2024 at 12:19 PM
8 minute read
Special Sections
"I'm going to give the standard charge." As medical malpractice attorneys we are used to hearing this common refrain from the court. Whether explicit or implied, the court may often express the adage that "no one has ever been reversed giving the standard instruction." But what happens when the law changes and the standard charge is wrong? Since 2021, Pennsylvania Suggested Standard Civil Jury Instruction Number 14.90 "Informed Consent-Nondisclosure" has been in direct conflict with Pennsylvania law.
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