Jury Instruction Error Leads to Redo in Medical Malpractice Case

A Mississippi doctor is entitled to a new trial in a medical malpractice case because the trial court erred by refusing to instruct the jury about his theory of the case—that a nurse’s negligence, not his actions, caused his patient’s injuries—the state’s top court said.

Orhan Ilercil had a right to have his intervening/superseding cause defense properly presented to the jury, the Mississippi Supreme Court said.

Ilercil performed cervical spine surgery on James Williams. He had Williams taken to the intensive case unit and left instructions that he was to be called if Williams exhibited shortness of breath, difficulty swallowing, ...