In Kos v. Lawrence Mem’l Hosp. medical malpractice case, the plaintiffs, Laura Kos and Michael Kos, appeal following the trial court denying their motion to set aside the jury’s verdict in favor of the defendants Elisa Marie Girard and Physicians for Women’s Health, LLC…law.com, Kos v. Lawrence Mem’l Hosp. 2020

They argue that the trial court improperly instructed the jury by including a charge on the acceptable alternatives doctrine, and limiting their allegations regarding Girard’s breach of the standard of care. They also request that the court abolish the acceptable alternatives doctrine.

However, the Supreme Court, while concurring with the plaintiffs about the trial court’s incorrect instruction to the jury on the doctrine of acceptable alternatives, affirms the judgement of the trial court. It says that the error of instruction was harmless and also refuses to abolish the acceptable alternatives doctrine.

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Kayur V. Patel, MD, MRO, FACP, FACPE, FACHE, FACEP
KayurVPatel@ExpertWitness.MD