A malpractice case of missed endocarditis. The physician charted appropriately, but the jury overlooked that and made their decision based on emotional testimony from the grieving widow. Lessons to learn from the case:
Jurors are charged with finding evidence of negligence before they proceed to assessing damages. The powerful emotional testimony of the young widow in this case was enough to tempt them to omit or minimize the liability question and simply award the needy family some money. Although all the experts in this case agreed that the diagnosis of SBE is difficult and evasive, the jury primarily heard the family’s tale and acted with compassion rather than according to the rigors of the law. Such an approach has become increasingly common in some communities and has led to a shortage of medical services as providers beat a hasty retreat to more physician-friendly areas.
