The trial in the medical malpractice wrongful death case of Birt Heirs v. Cottam (see my post for September 12th) should finish tomorrow, Friday, September 24th. 

After argument on a few remaining jury instructions, closing arguments should start around 8:30. The case should be to the jury by lunchtime. 

Use this link to join the hearing: https://utcourts.webex.com/meet/bates 

Of course, I’ll blog as soon as I learn what the verdict is. ​

There was some motions practice over the “Consent for Withdrawal of Life Support” signed by plaintiff– defendants asserted that this constituted a release of the claims now at issue. Plaintiff demurred, urging that this defense was waived, and that the Consent is otherwise unenforceable as a release.

–Plaintiff’s Motion to Strike Defense and for Judgment as a Matter of Law
​-Dr. Peng’s Opposition and MDV (JML)
-Plaintiff’s Reply Memorandum

Judge Bates today held for the plaintiff on this issue–the consent form’s “hold harmless” language does not, as a matter of law, constitute of a release of the claims for negligence.