Holbrook v. Fokes

Birdsong, Judge.

Arthur Holbrook appeals from a defendants’ verdict in this medical malpractice case. His sole enumeration of error below is that the trial court committed fatal error in giving this so-called “hindsight” charge to the jury: “I further charge you that in a medical malpractice action, a defendant cannot be found negligent on the basis of an assessment of the patient’s condition which only later or in hindsight prove [s] to be correct so long as the initial assessment was made in accordance with the reasonable standards of medical care. The concept of negligence does not…