Sore loser

A plaintiff’s lawyer loses a malpractice case involving stroke care. The pre-trial screening panel found for the defense, which was admissible in trial:

The panel’s findings aren’t binding, but lawyers can cite a unanimous finding as evidence at trial. In [this] case, the panel had found in favor of the doctors, defense lawyers told jurors.

Now that the defense won, the plaintiff attorney says they should be abolished:

“It’s a colossal pain in the neck, because you basically have to try the case twice, but the first time is sort of an abbreviated process.”

A word of wisdom. Sometimes unfortunate outcomes occur without fault from the physicians. They didn’t lose because of the pre-screening trial. The system worked exactly the way it should have.

email

Comments are moderated before they are published. Please read the comment policy.

  • Eric Turkewitz

    She’s right. In NY and in many other states the panels have been dumped as a failure. There are no witnesses at the panels, making it impossible for the “jurors” to decide disputed issues of fact.

    And because of a lack of interest by doctors in participating, it adds years to litigation.

    I wrote about this very subject two weeks ago:

    Why Medical Malpractice Panels Fail

  • Anonymous

    so Eric, are you saying it was a failure only because plaintiff didn’t win?

    Your increased time argument doesn’t wash either because if plaintiff had taken the cue from the panel they would drop the claim saving everyones time.

  • Anonymous

    Reading the original article she was a 79 year old healthy active person who was found to have fluid in the lungs i.e. heart failure. Doesn’t sound so healthy to me. At least with the new single party payer system we won’t have to worry about malpractice cases like these because she wouln’t have gotten the cardiac cath because we won’t be doing heart surgery on anyone older than (pick your number) in the first place.

  • Anonymous

    Which is why the plaintiff’s bar will argue against a single-payer system even moreso than physicians. It’ll never happen in this country.

  • Anonymous

    For shysters (not reponsible, ethical attorneys) all deaths are “malpractice.” And all losses in court are “injustice.”

    Ed Sodaro MD

  • Anonymous

    Yeah, those shysters give the other 0.001% a bad name

  • RJS

    Mulvey was the plaintiff’s lawyer in the trial of Flea.

    Just a random anecdote.