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Monday, May 21, 2007

Jury Instructions: Forseeability in Medical Malpractice Cases

The Court of Appeals recently issued a very good opinion dealing with jury instructions in medical malpractice cases (primarily dealing with the element of foreseeability). That opinion is from Adams v. Hendersonville Hosp. Corp et al., M2006-01068-COA-R3-CV (Tenn. Ct. App. May 18, 2007).

Appellant requested three jury instructions at trial. The trial court declined to give them as requested (one, regarding foreseeability, was a verbatim statement of the law from the Tennessee Supreme Court). The Court of Appeals held that the trial court's refusal to give the jury instruction that was a verbatim statment of the law on foreseeability was reversible error.
Here's the link to the case:

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