Burns v. Sobieraj

Summary

The New York Appellate Division, Fourth Department, reversed a judgment dismissing a medical malpractice complaint after a jury verdict for defendants. The court held that Supreme Court improperly gave an error-in-judgment jury charge because there was no evidence that the physician chose among medically acceptable alternatives. The court reinstated the complaint and granted plaintiffs a new trial.

Holdings

1. An error-in-judgment charge is proper only in the narrow category of medical malpractice cases in which evidence shows that the physician considered and chose among several medically acceptable treatment alternatives. The charge is not warranted when the alleged malpractice consists solely of a failure to use due care in assessing or diagnosing the patient's condition and there is no evidence of a choice among medically acceptable alternatives.
2. Giving the erroneous error-in-judgment charge was not harmless because it created a risk that the jury would find no liability merely because the physician exercised his best judgment despite failing to adhere to generally accepted standards of care.

Questions Presented

1. Whether Supreme Court improperly gave an error-in-judgment charge in a medical malpractice action where the evidence did not show that the physician chose among several medically acceptable treatment alternatives.
2. Whether giving the erroneous error-in-judgment charge was harmless.

Disposition

reversed_and_remanded