Ouellette Ex Rel. Ouellette v. Subak

KELLEY, Justice.

The father of a child born with brain damage brought this negligence action on behalf of the child and himself against two medical general practitioners. The trial court refused to give the doctors’ requested jury instructions that physicians are not responsible for an honest error in judgment. A Hennepin County jury by special verdict found the doctors negligent and awarded $1 million in damages. Following denial of their post trial motions and entry of judgment on the verdict, the doctors appealed. 1 Holding that the trial court erred when it refused to give the so-called…