Vogler v. Henry Ford Hospital

After a five-day trial in the Wayne Circuit Court in this medical malpractice case, the jury, on January 13, 1987, returned a verdict of no cause of action. Plaintiff appeals as of right and we reverse and remand for a retrial, finding that the trial court’s use of the phrase "guilty of malpractice” in its instruction and reinstruction to the jury during its general charge and after having briefly, during voir dire, explained the difference between the burdens of proof in criminal and civil cases improperly increased plaintiff’s burden of proof in this action.

The record reveals that on April…