West Headnote of the Day – March 11, 2010

March 11, 2010

West's Key 198H Health
West's Key 198HV Malpractice, Negligence, or Breach of Duty
West's Key 198HV(G) Actions and Proceedings
West's Key 198Hk827 k. Instructions.

In defining physician’s duty of care, use of such concepts as “average” are misleading and should be avoided, particularly in jury instructions, for such notions understood arithmetically suggest that lower 50 percent of physicians regularly engage in medical malpractice.
Hall v. Hilbun, 466 So. 2d 856 (Miss. 1985)

198H Health