Habit

A Virginia appeals court has reversed a medical malpractice ruling that hinged on the jury’s use of a disputed “habit instruction.” The decision, issued recently, has significant implications for similar cases in the state. The case in question originated from a medical malpractice claim against a physician who allegedly failed to provide appropriate care. After a jury found in favor of the plaintiff, the trial court’s instructions to the jury were called into question. Specifically, one instruction suggested jurors could rely on the idea that a person generally acts in accordance with their established habits … Read more