Riggins v. Mauriello

MOORE, Justice.

This medical malpractice action was brought by the appellant, David Riggins (“Riggins”), against Dr. Charles A. Mau-riello, an osteopathic physician. Riggins appeals the Superior Court’s denial of his motion for a new trial. The jury was given a standard charge, without objection from Riggins, that a “mere error of judgment” by a physician was not actionable. A verdict was returned in favor of Dr. Mauriello-. In this motion for a new trial Riggins argued that the jury instruction on “mere error of judgment” was erroneous. The Superior Court concluded that in the absence of a…