Comments on: A lying jury costs the plaintiff a $28M malpractice verdict http://www.kevinmd.com/blog/2006/07/lying-jury-costs-plaintiff-28m.html medical blog Sun, 22 Nov 2009 07:50:13 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: Anonymous http://www.kevinmd.com/blog/2006/07/lying-jury-costs-plaintiff-28m.html/comment-page-1#comment-64657 Anonymous Mon, 03 Jul 2006 20:06:00 +0000 http://clients.emmense.com/kevinmd/2006/07/a-lying-jury-costs-the-plaintiff-a-28m-malpractice-verdict.html#comment-64657 A true random cross-section of society will inevitably include people who have had experience with the court system. What is the alternative: to narrow the jury pool to only those deemed pure enough to serve?<br/><br/>It is a real stretch to maintain that the only reason the defendant lost his case was because of a couple of jurors. None of us, including the almighty Kevin, can say the verdict would have been different if these jurors weren't on the case. And in any case, this defendant and his attorney can't keep challenging the system until they get the verdict they want; they've had their day in court and they need to accept the verdict and move on.<br/><br/>I'll bet if this case had gone the other way and the patient had lost and was challenging the verdict, Kevin et al. would all be carping at him to get over it already. A true random cross-section of society will inevitably include people who have had experience with the court system. What is the alternative: to narrow the jury pool to only those deemed pure enough to serve?

It is a real stretch to maintain that the only reason the defendant lost his case was because of a couple of jurors. None of us, including the almighty Kevin, can say the verdict would have been different if these jurors weren’t on the case. And in any case, this defendant and his attorney can’t keep challenging the system until they get the verdict they want; they’ve had their day in court and they need to accept the verdict and move on.

I’ll bet if this case had gone the other way and the patient had lost and was challenging the verdict, Kevin et al. would all be carping at him to get over it already.

]]> By: Anonymous http://www.kevinmd.com/blog/2006/07/lying-jury-costs-plaintiff-28m.html/comment-page-1#comment-64633 Anonymous Sun, 02 Jul 2006 22:32:00 +0000 http://clients.emmense.com/kevinmd/2006/07/a-lying-jury-costs-the-plaintiff-a-28m-malpractice-verdict.html#comment-64633 True,<br/>But if you were in the defendant hot-seat how keen would you be to be judged not by a random cross section of society (skewed by the lawyers pretrial manipulation), but a group of people who so badly wanted to judge you that they would risk a personal purjury charge to sit in your judgement. <br/><br/>The jurors here either knew what they were doing when they lied about their legal histories, or were a bit daft if you believe their explanation that they didn't consider their legal experiences to have been lawsuits. True,
But if you were in the defendant hot-seat how keen would you be to be judged not by a random cross section of society (skewed by the lawyers pretrial manipulation), but a group of people who so badly wanted to judge you that they would risk a personal purjury charge to sit in your judgement.

The jurors here either knew what they were doing when they lied about their legal histories, or were a bit daft if you believe their explanation that they didn’t consider their legal experiences to have been lawsuits.

]]> By: Anonymous http://www.kevinmd.com/blog/2006/07/lying-jury-costs-plaintiff-28m.html/comment-page-1#comment-64625 Anonymous Sun, 02 Jul 2006 17:04:00 +0000 http://clients.emmense.com/kevinmd/2006/07/a-lying-jury-costs-the-plaintiff-a-28m-malpractice-verdict.html#comment-64625 Dude, the jury's 'lies' didn't cost the defendant anything: the defendant MD was the bad actor. No, the jury should not have lied about their backgrounds (if they did); but it is illogical to conclude that the MD would not have been found liable if the jury hadn't lied about their past collisions with the legal system, most of which apparently had NOTHING to do with med mal and instead had to do with personal debts. Dude, the jury’s ‘lies’ didn’t cost the defendant anything: the defendant MD was the bad actor. No, the jury should not have lied about their backgrounds (if they did); but it is illogical to conclude that the MD would not have been found liable if the jury hadn’t lied about their past collisions with the legal system, most of which apparently had NOTHING to do with med mal and instead had to do with personal debts.

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