Another view on the impact malpractice trials have on physicians – even when they are not found negligent:
Later that day, when I was alone with my thoughts, I had more time to contemplate the effect of this lawsuit on the doctor. A trial may or may not require the presence of the physician in the courtroom, but absence from the trial may lead the jury to feel that the physician is uncaring and aloof, and certainly might give the jury an impression that the physician would not wish to convey.
Under such pressures, most physicians choose to attend their trials. Their presence in the courtroom removes the doctor from the office, creates havoc with his practice and can devastate him financially. Staff must still be paid, lest they move on to greener pastures. And the patients still have needs. Who will treat them while the trial continues? And when can the doctor see his or her patients?
In this case, this may require the physician, already fatigued by the stress of the trial and time in court, to see patients at night and on the weekends “” if his loyal staff and patients are agreeable to such an arrangement.
If the physician has a spouse and children, the stress of such a change in his or her life can create terrible difficulties, Âfurther magnifying the pressures created by the trial.
Under our legal system, we are innocent until proven guilty. In the case of a malpractice case, it almost seems as if we’re guilty and must then prove ourselves innocent. And no matter what the outcome, even if lack of guilt is determined, a high price will be paid by the defending physician.
