Jones v. Porretta

In this medical malpractice action, plaintiffs appeal an order denying a motion for new trial. The sole issue on appeal is whether the trial court erred in giving the jury an instruction which deviated from the Standard Jury Instructions by adding the statement that "no physician can be required to guarantee results”. Plaintiffs’ attorney made a timely objection to the instruction on the record and also raised the issue in their motion for new trial. The record discloses that the issue of guaranteed results was never *243injected into the trial by evidence or arguments. We hold that such an…