What is the test for jury instructions in a medical malpractice case?

California, United States of America


The following excerpt is from Arato v. Avedon, 11 Cal.Rptr.2d 169, 13 Cal.App.4th 1325 (Cal. App. 1992):

This instruction reflects language used by the court in Cobbs v. Grant, supra, 8 Cal.3d at p. 246, 104 Cal.Rptr. 505, 502 P.2d 1, in discussing jury instructions of possible defenses available to a doctor, which was not the focus of the instruction given in this case. 14 Also, the emphasis of this instruction, the introductory language, is on the application of the community standard, not its limited application. Without the additional instructions requested by plaintiffs, there is misleading emphasis on the standards of the medical community, as reflected in expert opinion.

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