Smith v. Finch

HUNSTEIN, Presiding Justice.

We granted certiorari to examine the propriety of the so-called “hindsight” jury instruction prescribed for use in medical malpractice actions at Section 62.311 of the Georgia Suggested Pattern Jury Instructions: Civil Cases. Though the Court of Appeals has generally approved the use of this jury instruction, this Court has never considered it. Finding a portion of the hindsight instruction to be inaccurate and misleading, we disapprove the instruction in its current form and reverse the judgment below.

Appellants Clay and Tracie Smith sued various physicians and…