What is the difference between the correct and erroneous charge in a medical malpractice case?
California, United States of America
The following excerpt is from Lemons v. Regents of University of California, 148 Cal.Rptr. 355, 21 Cal.3d 869, 582 P.2d 946 (Cal. 1978):
More significantly, where two instructions are inconsistent, the more specific charge controls the general charge. 8 (Cummings v. County of Los Angeles (1961) 56 Cal.2d 258, 267, 14 Cal.Rptr. 668, 363 P.2d 900.) In the present case, the correct instruction was a general negligence instruction, while the erroneous charge applied the principle of contributory negligence in the specific context of medical malpractice. Therefore, if the jury regarded the two instructions as inconsistent, it is more likely that they followed the improper instruction.
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