Legal Definitions - judgmental immunity

Definition: Judgmental immunity, also known as the error-of-judgment rule, is a legal doctrine that protects professionals from liability for advice or opinions given in good faith and with an honest belief that the advice was in the client's best interests, but that was based on a mistake either in judgment or in analyzing an unsettled area of the professional's business.

Example: An attorney who makes an error in trial tactics involving an unsettled area of the law may, under certain circumstances, defeat a malpractice claim arising from the tactical error.

Explanation: This means that if the attorney made an honest mistake in judgment or analysis of the law, they cannot be held liable for malpractice. The error must have been made in good faith and with the belief that it was in the client's best interest. This protects professionals from being sued for every mistake they make, as long as they acted in good faith.

Another Example: A doctor who prescribes a medication that has a rare side effect that was not known at the time may not be held liable for malpractice if they made the decision to prescribe the medication in good faith and with the belief that it was the best course of treatment for the patient.

Explanation: This example illustrates how the error-of-judgment rule can apply to medical professionals. If the doctor made an honest mistake in judgment or analysis of the medication's potential side effects, they cannot be held liable for malpractice as long as they acted in good faith and with the belief that it was the best course of treatment for the patient.