Physician Law Blog

Health care providers on the front-lines of the battle against COVID-19 should be provided every weapon that can be mustered. This includes protection from lawsuits while fighting this deadly, insidious and invisible foe.  However, health care providers must temper their reliance on the recently enacted laws, executive orders or declarations of civil immunity, as they are not a cloak of unassailable malpractice PPE as reported in the news media

The Missouri Supreme Court approved two completely new jury instructions for civil cases that require the immediate attention of Missouri civil litigators, becoming effective July 1, 2017. Rules E1.00 and E1.01 allow the Court to read an Early Case Summary to the jury before the beginning of voir dire. The instruction is not mandatory, but left to the discretion of the trial judge. These Early Case Summaries will include a brief description of the case, the plaintiff’s claims and the defendant’s defenses, the appropriate burden of proof instruction and boilerplate instructions to be included in the final instruction packet (i.e. the definition of negligence instruction).