Harrison v Munson: Three Big Questions Remain Unanswered

The long-awaited decision in Harrison v Munson Medical Center was issued yesterday.  To briefly recap, the patient sued Munson, among others, after she was burned with a Bovie device during surgery.  Munson presented a defense based on habit, routine, and practice evidence (i.e., what health care practitioners usually do), claiming no one involved had any memory of what happened.  The defense then crafted a theory that the  Bovie had been properly holstered, but somehow became unholstered and made its way to the patient’s arm.