"Jurors are poorly equipped to evaluate complicated medical care on its merits"

Makes sense:

A local attorney recently offered his opinion that health care tort reform is not needed. He appealed to the emotion of the reader with sad stories about alleged victims of medical malpractice.

Too often, it is the telling of a sad story, rather than actual malpractice, that plaintiff’s attorneys leverage to the financial gain of their clients and, of course, themselves.

Jurors are poorly equipped to evaluate complicated medical care on its merits. I have been a registered nurse for 23 years, and I would be hard-pressed to second guess a treating physician’s decision. How much harder must it be for a plumber or waitress or retired factory worker?

A solution to this quandary would be to empanel experts to evaluate each case on its merits – a solution that the trial bar has fought at every turn, lest that expertise interfere with its lottery payoff for a well-told tale of woe.

The money for that payout, of course, originates from all patients, who pay higher health care costs.

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