Cross & Bennett, LLC, Joseph F. Bennett , Colorado Springs, Colorado, Schoenwald & Thompson LLC, Julia T. Thompson , Denver, Colorado, Attorneys for Amicus Curiae Colorado Trial Lawyers Association.
Hershey Skinner, LLC, Kari M. Hershey , Littleton, Colorado, Attorneys for Amicus Curiae Colorado Medical Society and Colorado Chapter of the American Congress of Obstetricians and Gynecologists.
Office of University Counsel, Patrick T. O'Rourke , Denver, Colorado, Attorneys for Amicus Curiae the Regents of the University of Colorado.
Supreme Court of Colorado, En Banc.
Justice RICE delivered the Opinion of the Court.
We granted certiorari in this medical malpractice case to review whether the "unsuccessful outcome/exercise of judgment" jury instruction patterned after Colorado Jury Instruction-Civil 15:4 (2009) is an accurate statement of the law in Colorado. The court of appeals held that the instruction accurately reflects Colorado medical malpractice law and, accordingly, that the trial...
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