Jurors Sometimes Ask

Ben Glass
Attorney
(866) 735-1102 Ext 320
Posted by Ben GlassApril 02, 2006 6:36 AM

Here is a question we sometimes here from juries:

I was on a medical malpractice jury recently. Although we wanted to find for the plaintiff we were afraid that our verdict would destroy the doctor financially. His wife was sitting in the courtroom during closing arguments and we really felt sorry for them. Will a doctor be destroyed by a medical malpractice verdict?

We often see the doctor's spouse at trial. Particularly during closing arguments. Insurance companies will try any trick to swing things in their favor (as if they didn't already have most of the advantages!)

Rest assured that 99.9% of all health care providers (and automobile drivers) are covered in some way by insurance. The lawyers defending in medical malpractice and personal injury cases are paid by the hour by insurance companies and the jury's verdicts are covered by insurance companies. A single adverse verdict will not hurt a doctor's career. What you may not know (because the law does not allow you to know) is that the doctor may be a repeat offender. Thus jury verdicts serve a very important purpose in helping the Board of Medicine identify and weed out bad doctors. It is a sad fiction of our law that we do not let juries know the whole truth during trials.

2 Comments

Have an opinion about this post? Please consider leaving a comment or subscribing to the feed to have future articles delivered to your feed reader.

Corinne
Posted by Corinne
January 04, 2007 11:03 AM

I find your comments utterly and purposefully misleading. Quite frankly, I am appalled. I can only assume that these comments have to do with one thing only - your bank acount. You know darn well that any malpractice action (whether dismissed or not) always leads to an increase in malpractice insurance premiums thereby hurting any physician. Furthermore, the spouse that sits in the courtroom is there for moral support. Because doctors are not allowed to discuss anything about an impending case with anyone, the only person that can support them is his or her spouse - nice try at blaming the insurance companies. Whate are these spouses worrying about? Losing everything that they have worked for - including their home - if there is a verdict in excess of liability coverage. A doctor can not only lose their career over one sensational, emotionally decided verdict from basically uneducated juries, but they can lose everything else. My question to you is this - What do you risk losing to help these patient's you purport to care about? You sir are a liar and you prey on the innocent. Shame on you and your whole profession. Good luck to you in finding a doctor that will care for you or any member of your family God forbid you ever need one. I just gave up the practice of oncology at the age of 32 for fear of people like you. Luckily for me, I am married to someone who does not give a damn about my income. Can you say the same about your spouse?

Ben Glass
Posted by Ben Glass
January 08, 2007 2:56 PM

Thanks for reading and taking the time to comment. You are actually quite wrong on your facts and calling someone a "liar" really devalues your otherwise thoughtful comments.

It's interesting. I hear this from some doctors sometimes, but the majority do understand that they are being sold a bill of goods by the insurance industry. Moreover, those doctors who hire us after having a family member suffer because of medical malpractice often say that they used to think like you do...until it happened to them. Finally, I would make you an offer that I make any doctor: rather then call me a "liar" (you don't know me) come and spend a month in my office looking at what I look at. Then make a comment.

Comments for this article are closed.

Subscribe to InjuryBoard Northern Virginia

InjuryBoard Northern Virginia RSS Feeds

Keep up with the latest updates using your favorite RSS reader

Injury Board Northern Virginia is brought to you by Benjamin W. Glass, III & Assoc. PC

Legal Assistance Center

More Info
Benjamin W. Glass, III & Assoc. PC 866-735-1102 Ext 320 www.benglasslaw.com
google
Personal Injury Lawyers Serving: Alexandria, Annandale, Arlington, Burke, Centreville, Fairfax, Fairfax County, Falls Church, Fredericksburg, Haymarket, Lorton, Manassas, McLean, Oakton, Prince William County, Reston, Spotsylvania County, Springfield, Vienna, Woodbridge
3915 Old Lee HighwaySuite 22-B, Fairfax, Virginia 22030 [ Show Map ]
Better Business Bureau Accredited Business Confidential

Your question will be referred to an attorney near you. If your question is of a legal nature, then by submitting this form you agree you are not forming a formal attorney / client relationship. Read our full privacy policy.

Looking for an InjuryBoard attorney closer to home? Click here.

Subscribe to Blog Updates

Enter your email address if you would like to receive email notifications when comments are made on this post.

Email address