Rogers v. Meridian Park Hospital

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “error in judgment” instruction “obscures the fact that, to avoid liability, the defendant must exercise the degree of care, skill, and diligence required by law,” and “suggest[s] that substandard conduct is permissible if it is garbed as an ‘exercise of judgment’ ”
• affirming lower court's refusal to give a charge on good faith error in choosing among alternative treatments as possibly confusing
• rejecting use of a confusing jury instruction and stating, “Instructions which mislead or confuse are ground for a reversal or a new trial.” (Internal quotations, citation, and footnote omitted.)
• rejecting use of \reasonable judgment\ where varying treatment options exist and further viewing as confusing the excusal from liability where physician acts with reasonable care and skill in exercising such judgment
• rejecting use of \reasonable judgment\ where varying treatment options exist and further viewing as confusing the excusal from liability where physician acts with reasonable care and skill in exercising such judgment
• \honest error\ language in jury charge does not address legal standard of care but merely speaks to a moral duty

Source: CourtListener parenthetical corpus (CC0).