(Download) "State v. Bull" by Hawaii Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Bull
- Author : Hawaii Supreme Court
- Release Date : January 18, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Plaintiffs-appellants Gayle Hirahara, et al. [collectively Hiraharas], appeal from an adverse judgment after jury trial in their medical malpractice action. The sole issue raised by the Hiraharas is whether the trial court erred by instructing the jury that a treating physician is not necessarily negligent for "errors in judgment." The Hawaii appellate courts have not previously addressed this issue. We perceive a clear modern trend disfavoring this language as confusing and misleading. Because cogent reasons support disallowing this language, we hold that the trial court erred when it gave such an instruction in the instant case. Therefore, we vacate the judgment in favor of defendant-appellee Kazushi Tanaka, M.D. and remand for further proceedings.
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