Erroneous Jury Instruction Leads High Court to Vacate Med Mal Defense Verdict |

The Idaho Supreme Court vacated a jury’s verdict in favor of North Idaho Day Surgery (NWSH), remanding the case for further judgment after finding the plaintiffs had been prejudiced by an erroneous jury instruction.

In a Feb. 28 opinion, the high court ruled to vacate a jury verdict in a district court in favor of the plaintiffs, a married couple who alleged claims of medical malpractice and negligence after North Idaho Day Surgery lost the plaintiff’s removed lymph node. The plaintiff’s wife also filed a claim for loss of consortium. The court remanded the case, assigning a new judge to the matter.

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