Fergen v. Sestero

This is a consolidated case of two medical malpractice suits. In each case, the trial judge gave the jury instruction on a physician's exercise of judgment, similar to 6 Washington Practice: Washington Pattern Jury Instructions: Civil105.08 (6th ed. 2012) (WPI) was given. Both juries found in favor of the defendants and both plaintiffs appealed. After review of both cases, the Supreme Court affirmed the trial court's use of the exercise of judgment jury instruction. Furthermore, the Court held that evidence of consciously ruling out other diagnoses is not required; a defendant need only produce sufficient evidence of use of clinical judgment in diagnosis or treatment to satisfy a trial judge that the instruction is appropriate. "We reaffirm that this instruction is supported in Washington law and has not been shown to be incorrect or harmful." View "Fergen v. Sestero" on Justia Law