All professionals, but in particular physicians and attorneys, exercise judgment in the practice of their profession. The present version of the Model Jury Charge for medical judgment recognizes a physician is entitled to exercise judgment in deciding which of multiple treatment plans is best for the patient: “A doctor may have to exercise judgment when diagnosing and treating a patient. However, alternative diagnosis/treatment choices must be in accordance with accepted standards of medical practice.” M.J.C. 5.50G, Medical Judgment (June 2014).

The medical malpractice charge explains that the jury must focus on and decide “whether accepted standards of medical practice allowed judgment to be exercised as to diagnosis and treatment alternatives and, if so, whether what the doctor actually did to diagnose or treat this patient was accepted as standard medical practice.”