Jones v. Porretta

We granted leave in these cases to resolve the question whether it is error in a medical malpractice action for the trial court to in struct the jury that a doctor or surgeon is not a guarantor of results. In Dziurlikowski, we hold that the instruction given was erroneous, and we reverse the jury’s verdict and remand the case for a new trial. We affirm the jury’s verdict in Jones because we find that the guarantor instruction was balanced by the duty of care instruction and was not erroneously given in the context of the case.

We note that the instructions at issue in these two cases are not…