medical malpractice jury instructions Archives

Virginia Medical Malpractice Defense Verdict Survives Jury Instructions Challenge

June 7, 2024

Kimberly Burch, the administrator of the estate of Joan Ison, sued Dr. Jeff Sensenig and other medical professionals for failing to diagnose Ison with a symptomatic aortic aneurysm that ruptured and caused her death. The Virginia medical malpractice jury returned a defense verdict. On appeal, Burch [...]

Maryland’s Highest Appellate Court Finds No Error In Instructing Medical Malpractice Jury As To General Negligence

February 9, 2019

The Court of Appeals of Maryland (“Maryland Appellate Court”), Maryland’s highest appellate court, held in its opinion filed on January 25, 2019 that the trial court did not abuse its discretion when it gave standard general instructions on negligence and foreseeability in addition[...]

Mississippi Supreme Court Grants New Trial In Surgical Sponge Medical Malpractice Case

May 7, 2018

The Supreme Court of Mississippi (“Mississippi Supreme Court”) held in its opinion filed on April 26, 2018 that the trial court erred by refusing to instruct the Mississippi medical malpractice jury as requested by the plaintiff in a case where the plaintiff alleged that the defendant su[...]

New Jersey Appellate Court Grants New Trial To Medical Malpractice Plaintiffs Due To Faulty Jury Instructions, Verdict Sheet

April 28, 2018

In its unpublished decision filed on April 18, 2018, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) reversed the defense verdict in a New Jersey medical malpractice case and remanded the case for a new trial, finding, in part, that there were material [...]

Maryland Appellate Court Vacates $329K Baltimore Medical Malpractice Verdict

September 4, 2017

In its reported opinion filed on September 1, 2017, the Court of Special Appeals of Maryland (“Maryland Appellate Court”), Maryland’s intermediate appellate court, vacated a Baltimore medical malpractice verdict in the amount of $329,000 in favor of the plaintiff, holding that the [...]

Appellate Court Affirms Colorado Medical Malpractice Defense Verdict

December 31, 2014

In an unpublished opinion filed on December 24, 2014, the Colorado Court of Appeals upheld a Colorado medical malpractice defense verdict, finding that any error in the jury instructions regarding comparative negligence and mitigation of damages that were given by the trial judge was harmless erro[...]

New Jersey Supreme Court Discusses Jury Instructions In Medical Malpractice Cases

May 27, 2014

On May 20, 2014, the Supreme Court of New Jersey (“Supreme Court”) discussed at length the required instructions to be given to a medical malpractice jury where a physician allegedly breached the duty of care by failing to protect a patient with a history of alcohol and drug abuse from s[...]

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