State Appellate Court Calls for New Trial: Omitting ‘If/Then’ Language From Proposed Med-Mal Jury Instruction Was Prejudicial

“Here, we agree with the estate that instruction sixteen as presented to the jury misled the jury by its phrasing. By omitting the operative ‘if/then; language from the proposed instruction, the instruction transformed from an instruction asking the jury to decide whether an alternative approved method of treatment was used (which, if so found, would

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