Monday, March 7, 2016
In watching the oral arguments last week concerning the medical malpractice caps in Mississippi, a discussion was made of the invited error doctrine. This has not been litigated in Mississippi that I am aware of other than potentially in that case. Invited error refers to a trial court's error against which a party cannot complain to an appellate court because the party encouraged or prompted the error by its own conduct during the trial. I believe this could turn into an interesting area of appellate law in the future.