Pennsylvania woman unable to convince jury of malpractice
Medical malpractice lawsuits are often a difficult area for attorneys to prove up since most such lawsuits concern a highly technical area. The attorney must not only make his case to a judge, he or she must also make it understandable for a jury.
Partially because of this, not all medical malpractice verdicts go in favor of the plaintiff. For example, a Pennsylvania woman’s claim that a cast placed upon her wrist by a doctor was responsible for reflex sympathetic dystrophy for her left hand was ultimately dismissed by the jury.
The patient asserted that the case placed upon her wrist was too tight. She then alleged that the doctor that performed surgery upon the wrist and applied the cast was negligent.
Though the jury ruled against her claim, not all jury members voted against the patient. Nevertheless, not enough jury members were convinced that medical malpractice took place, and thus the case was dismissed.
The jury members apparently believed that her condition came about due to a fall rather than the application of the cast. Expert medical testimony was not sufficient to sway this opinion.
It must be kept in mind that dismissal itself does not mean medical malpractice was absent. Instead, it merely means that the malpractice was sufficiently proved from the perspective of jury members.
It is always helpful for injured patients to have an experienced medical malpractice attorney represent them in these cases. Proving up such cases requires an individual familiar with medical terminology, and able to locate testimony that will counter a hospital’s claim.
Source: Republican Herald, “Jury rules for city doctor in malpractice case,” by Peter E. Bortner, September 14, 2012