Which is why health courts are needed:
Technical litigation has proven to be a major challenge for the jury system, and malpractice cases are no exception. Matters that are too difficult for expert physicians to decide, or at least reach a consensus on, are referred to a panel of 12 laymen for final decisions.Research indicates that lesser-educated members of society are more likely to serve as jurors, making it probable that a malpractice case will be tried before individuals with far less education than the defendants. Plaintiff’s lawyers are acutely aware of these realities and adopt modern psychological profiling techniques to select jurors they believe are predisposed to an outcome in their favor, such as a megaverdict.
