Day v. Johnson

We granted certiorari in this medical malpractice case to review whether the "unsue-cessful outcome/exercise of judgment" jury instruction patterned after Colorado Jury Instruction-Civil 15:4 (2009) is an accurate statement of the law in Colorado. The court of appeals held that the instruction accurate*1067ly reflects Colorado medical malpractice law and, accordingly, that the trial court did not err in so instructing the jury. Day v. Johnson, 282 P.3d 175, 182 (Colo.App.2009). We affirm.

I. Facts and Proceedings Below

Loretta Jean Day was diagnosed with hypothyroidism and a nodule on the left lobe…