Passarello v. Grumbine

OPINION

Justice McCAFFERY.

We granted review in this medical malpractice case to consider whether the trial court properly gave an “error in judgment” jury instruction, i.e., an instruction that physicians are not liable for their “errors in judgment” when making medical decisions.

I

The Superior Court’s opinion sets forth the factual background, as follows:

This matter arose out of the death of two-month-old Anthony Passarello, who died while under the care of defendant pediatrician Rowena T. Grumbine, M.D., and members of her staff at Blair Medical Associates, Inc. [“Blair Medical,” Dr.…