What is the test for giving the error in judgment instruction (BAJI No. 6.02) in medical malpractice cases?

California, United States of America


The following excerpt is from Fraijo v. Hartland Hospital, 160 Cal.Rptr. 246, 99 Cal.App.3d 331 (Cal. App. 1979):

Plaintiffs also challenge the giving of the "error in judgment" instruction (BAJI No. 6.02) in Any medical malpractice case, whether involving doctors or others. It is claimed that this instruction provides too easy an " out" for malpractice defendants. BAJI No. 6.02, however, has been held to be a correct statement of law. (See Rainer v. Community Memorial Hosp. (1971) 18 Cal.App.3d 240, 260, 95 Cal.Rptr. 901.) It tells the jury that an error in medical judgment is not considered in a vacuum but must be weighed in terms of the professional standard of care.

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