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SMITH v. FINCH

No. S08G1845.

681 S.E.2d 147 (2009)

SMITH et al. v. FINCH et al.

Supreme Court of Georgia.

Reconsideration Denied July 28, 2009.

Attorney(s) appearing for the Case

David S. Bills, Atlanta, Benjamin L. Bagwell, for appellants.

McClure, Ramsay, Dickerson & Escoe, John A. Dickerson, Larry L. Hicks II, Toccoa, Forrester & Brim, Weymon H. Forrester, Gainesville, Tracy M. Morgan, Elizabeth F. Latta, for appellees.

James D. Summerville, Donald J. Palmisano, Jr., Peters & Monyak, Robert P. Monyak, Jeffrey S. Bazinet, Atlanta, amici curiae.

HUNSTEIN, Presiding Justice.

We granted certiorari to examine the propriety of the so-called "hindsight" jury instruction prescribed for use in medical malpractice actions at Section 62.311 of the Georgia Suggested Pattern Jury Instructions: Civil Cases. Though the Court of Appeals has generally approved the use of this jury instruction, this Court has never considered it. Finding a portion of the hindsight instruction to be inaccurate and misleading, we disapprove...

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