Plaintiff Trial Lawyer Tips

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…

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Washington Pattern Jury Instruction  105.08 A physician is not liable for selecting one of two or more alternative courses of treatment if in arriving at the judgment to follow a particular course of treatment, the physician exercised reasonable care and skill within the standard of care the physician was obligated to follow. This instruction should be eliminated as a biased statement in favor of a defendant doctor. It is difficult to deal with but here are some suggested idea for…

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A common defense in medical malpractice cases is to assert the cause of the injury was an unintended outcome following medical judgment regarding acceptable choices between alternative medical judgments. Some states, like Washington, approve a jury instruction on this concept. Washington Pattern Jury Instruction 105.08 “Exercise of Judgment” provides: “A physician is not liable for selecting one of two or more alternative [courses of treatment] [diagnoses], if, in arriving at the judgment to [follow the particular course of treatment] [make the particular diagnosis], the…

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