The Massachusetts intermediate appellate court stated in its May 28, 2021 opinion: “The primary issue on appeal is whether the trial judge erred in giving an “errors of judgment” instruction that informs jury in medical malpractice case that an error of judgment by doctor is not negligent if the doctor’s decision was within the standard of care. Put another way, such an instruction informs jury that doctor faced with multiple treatment options, all within the standard of care, is not liable for negligence if the doctor chooses an option that leads to an adverse outcome.
Massachusetts Appellate Court Approves Errors Of Judgment Instruction In Affirming Medical Malpractice Defense Verdict – Medical Malpractice Lawyers
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