A juror talks about his experience on a malpractice trial

February 22, 2007

The power of emotion is difficult to deny and threatens to cloud the judgment of many jurors. This one managed to block emotion out:

The Worcester Superior courtroom was cold, and steaming hot in our waiting room. At times, bored from hearing the same thing, I stared at the ceiling, counted the molding, and glanced at the portraits of judges on the walls.

The trial had its emotional parts, like when the mother, in the last stages of pregnancy with her third child, took the stand. The woman, a native of Ghana, seemed to have a hard time understanding some questions . . .

. . . Early into her testimony, she closed her eyes, started sniffing and broke down in tears. It was real. I had to look away. I had to try my best to block out the emotions, to not let it cloud my opinion.



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  4. Prepping for a malpractice trial
  5. Another first malpractice suit story
  6. "Medicine is knowledge, judgment, experience and luck"
  7. The Charlie Weis malpractice trial


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{ 5 comments }

1 Anonymous February 22, 2007 at 9:39 am

It’s amazing 3 out of 4 juries are able to withstand such heartbreaking stuff.

2 Anonymous February 22, 2007 at 10:36 am

“As a juror, I didn’t see this as one side telling the truth and the other a lie, but figured it was all about perception. Two people could honestly look at the same event and disagree as to what happened. That’s what I learned during jury duty.”

Actually this is the money quote.

Life is full of gray areas. People on both sides of the malpractice fence need to deal with this fact.

3 Anonymous February 22, 2007 at 11:09 am

It’s amazing 3 out of 4 juries are able to withstand such heartbreaking stuff.

Where does this number come from? Do you have a study? Or are you basing it on some statistics that doctors win 75% of the time. Do you know for sure if everyone of these 75% of cases where the doctor wins involve heartbreaking stuff?

4 David February 22, 2007 at 11:51 am

Anon 10:36, I completely agree, but sometimes people really are lying.

5 Anonymous February 22, 2007 at 3:16 pm

How is this different from any other trial… It is not. Having a system in which the vapid followers of the celebritards and their emotive switches govern the outcome of issues involving matters of science that are beyond their ken is rather odd.

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