Monday, March 7, 2016

Invited Error

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. 

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