Disparate Treatment of the Allocation of Power between Judge and Jury in Legal and Medical Malpractice Cases
Albany Law School
Temple Law Review, Vol. 61, p. 353, 1988
The allocation of decisionmaking power between judge and jury has always been an important theme in tort law. This article explores the extent to which courts and judges reserve for themselves the decisionmaking authority on malpractice issues rather than submitting them for jury determination. After examining legal and medical malpractice cases from the perspective of the allocation of decisionmaking power between judge and jury, this article concludes that physicians’ conduct is more likely than attorneys’ conduct to receive jury scrutiny.
Keywords: Decisionmaking authority on malpractice issuesAccepted Paper Series
Date posted: March 11, 2010
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