Required reading: Our malpractice system punishes bad luck and negligence the same way. “. . . The plaintiff’s attorney tried to make him look incompetent. Witnesses were called to the stand – other doctors with fancy titles, some of whom make a business of criticizing other physicians. They said some damaging things that were not accurate. I felt the very real urge to stand up and shout a warning to the jury.

Then my friend spoke in his own defense. His strategy was brilliant: He taught the jury a class about the medical facts involved. He is a gifted teacher, and he was in his element. The lawyers made their final statements and suddenly, it was over. The jury was sent out to deliberate.

After just minutes, the verdict came back: The jury absolved my friend of any wrongdoing.

While he was immensely relieved, it did nothing to restore the two years he spent agonizing about whether he would be bankrupted or whether he would be able to continue working with this charge on his record.”

View 23 Comments >