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

The Iowa Court of Appeals reversed a lower court’s ruling this week after determining that removing the “if/then” phrasing of a jury instruction was prejudicial, and that the error necessitated reversal with a new trial in a medical malpractice suit.

In a March 29 opinion, the Iowa Court of Appeals reversed and remanded the case back to the Dubuque County District Court, after the jury instruction was found to differ from the approved instruction discussed at the final conference between the court and two parties stemming from a knee-replacement surgery gone wrong. 

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