Jackson v. Axelrad

In this unusual medical malpractice case, both physician and patient were doc tors. Each claimed the other was negligent, and a jury agreed both were. As the jury assessed slightly more fault to the plaintiff (51 percent) than the defendant (49 percent), the trial court entered a take-nothing judgment. 1

A divided court of appeals reversed and remanded for a new trial, disregarding the finding of the plaintiffs negligence because laymen generally have no duty to volunteer information during medical treatment. 2 But the plaintiff here was not a layman, and jurors judging his actions could…