Martineau v. McKenzie-Willamette Medical Center

“[Jury i]nstructions which mislead or confuse are ground for a reversal or a new trial.” Estate of Michelle Schwarz v. Philip Morris Inc., 235 P3d 668, adh’d to on recons, 246 P3d 479 (2010) (quoting Williams et al. v. Portland Gen. Elec., 247 P2d 494 (1952).

Martineau appealed a verdict in favor of McKenzie-Willamette Medical Center on her wrongful death claim. Martineau argued that the trial court erred in instructing the jury in the language of Uniform Civil Jury Instruction (UCJI) 44.03, which provides: Physicians are not negligent merely because their efforts were unsuccessful. A physician does not guarantee a good result by undertaking to perform a service.” “[Jury i]nstructions which mislead or confuse are ground for a reversal or a new trial.” Estate of Michelle Schwarz v. Philip Morris Inc., 235 P3d 668, adh’d to on recons, 246 P3d 479 (2010) (quoting Williams et al. v. Portland Gen. Elec., 247 P2d 494 (1952). The Court found there are two ways in which UCJI 44.03 has the potential to confuse a jury: it obscures the fact that the correct focus is on application of the standard of care, and, because the meaning of “result” is broader than the meaning of “cure,” the statement that “a physician does not guarantee a good result by undertaking to perform a service” is incorrect when stated as a universal principle. As such, UCJI 44.03 is an incorrect statement of the law, and likely to mislead the jury. Martineau is entitled to a new trial on her wrongful death claim. Reversed and remanded.