Medical Malpractice and the American Jury Confronting the Myths About Jury Incompetence, Deep Pockets, and Outrageous Damage Awards
- Binding: Paperback
- Publisher: Univ of Michigan Pr
- Publish date: 07/01/1997
Written in a thoroughly inviting, jargon-free style, Medical Malpractice and the American Jury places those cases that go to trial in the broader context of litigation, noting that only about ten percent of malpractice cases ever result in trials. Of those that do go to trial, the author notes, more than two out of three cases are decided in the doctor's favor -- repudiating the view that jurors are inherently biased against doctors and are motivated more by sympathy for the plaintiff than by the facts of the case.
Neil Vidmar comprehensively addresses all the claims that have been leveled against the performance of malpractice juries. For example, he compares actual jury decisions on negligence with neutral physicians' ratings of whether negligence occurred in the medical treatment and finds a remarkable consistency -- repudiating the view that jurors are unable to understand experts or uncritically defer to their opinion.
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