Are Doctors Really Mistreated by Juries?

Posted on July 26, 2007 by Dwayne Newton

Here is a link to an interesting article published by the Michigan Law Review. www.michiganlawreview.org/archive/105/7/peters.pdf   This article explores the widely held public view that jury verdicts in medical malpractice cases are unfair to doctors.  Interestingly, research conducted over the last three decades indicates that just the opposite is true, juries tend to side with doctors even when the Plaintiff should win.

This article discusses in depth research conducted over the last 30 years in malpractice litigation.  What is interesting is that even when a panel of medical experts agrees that malpractice has been committed and that the Plaintiff should prevail, juries tend to find in favor of the doctors about 50% of the time.  In those cases that the panel of medical experts determines that no malpractice was committed, the research show the jury virtually always finds in favor of the doctor.

This article confirms what trial lawyers have known intuitively for years, ie. that juries in medical malpractice cases tend to bend over backwards to find in favor of the doctor.  The popular idea that doctors are somehow being mistreated by runaway juries is not supported by the research. 

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What Should You Do If You Are Sued?

Posted on January 13, 2007 by Dwayne Newton

I was recently asked by a business acquaintance what he should do in the event he is sued.  I gave him a copy of our firm's pamphlet called The Legal Survival Guide which answers a number of basic legal questions  If you would like a copy of this pamphlet send me an e-mail with your name and address and I will drop one into the mail for you.

Here is what I told him about the steps that should be taken in the event he was sued:

1.     Don’t ignore the suit! Once you have been served there is a specific time period in which the suit must be answered. In some cases it is as short as 10 days. If a timely answer is not filed, you may lose by default.

2.     Don’t call the other lawyer or person who has sued you without consulting your own attorney.  Statements you make to the lawyer or other party can be used against you.

3.     If the suit is covered by insurance, call your insurance agent or carrier immediately. Most auto accidents are covered under automobile insurance.  Other personal injury suits may be covered by your homeowner’s policy. If covered, your insurance company will hire a lawyer for you.

4.     If the suit is not covered by insurance, consult with an attorney immediately. In choosing your attorney, you should consult with one experienced in the handling of civil lawsuits.  Ask the attorney about his/her experience.

5.     Turn over all of the papers served on you to your insurance carrier or attorney.

6.     Follow up with your insurance carrier or attorney to make sure that a timely answer has been filed.

7.     Cooperate fully with your attorney or insurance carrier in the defense of the suit.

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