THE MEDICAL MALPRACTICE DEFENSE THAT THE ACTIONS WERE AN EXERCISE OF MEDICAL JUDGMENT & NOT NEGLIGENCE
Washington provides a defense in medical malpractice cases where the medical providerwas exercising medical judgment. The wording of the instruction the jury receivesrepresents an obstacle by providing a ready made defense for the medical provider. Theexamination of the provider should focus on undermining the excuse that it was simply amatter of judgment by showing that the judgment was improper and thereforemalpractice. The following is a rough drafted outline of general concepts you can refineand adapt to your case where it…