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Mistake of Judgment: Calling Out for Clarity

In medical malpractice cases, it is a matter of hornbook law that health care providers bear no liability for poor outcomes resulting from the exercise of professional judgment, as long as they adhere to the relevant standard of care. In an attempt to facilitate jurors' understanding of this concept, courts across the country have given "mistake" or "error-of-judgment" charges, which typically instruct the jury that physicians are entitled to exercise their professional judgment in choosing either of two reasonable options.

28 minute read May 28, 2004 at 10:05 AM
By
J. Scott Kramer And Helena Ciechanowski
Mistake of Judgment: Calling Out for Clarity

In medical malpractice cases, it is a matter of hornbook law that health care providers bear no liability for poor outcomes resulting from the exercise of professional judgment, as long as they adhere to the relevant standard of care.

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