Our team at Grossman Roth Yaffa Cohen has more than 150 years of combined experience in medical malpractice claims. As my colleague Andrew Yaffa detailed in his blog post, every case is unique in its own way, but there are several principles that ring true for all claims.
One of the most important lessons I have learned is that jurors have an inherent bias toward medical professionals and physicians in particular. Nearly every juror has sought medical care from a doctor or trusted their guidance as experts in their field.
Consequently, studies have shown that juries favor a physician or medical practitioner’s testimony in malpractice cases due to the personal experience they have had with them and their positive opinions about the profession.
These preconceived notions differentiate medical malpractice from other litigation because in comparison most people have not personally experienced the tragedies associated with casework like catastrophic accidents and personal injury.
But this litigation has also taught me that all victims of medical malpractice share a common experience, a betrayal of trust. By consenting to a procedure or accepting a diagnosis, you are placing your life in your doctor’s hands. Lifesaving procedures are a core part of medicine, but reckless decision-making and life-ending decisions happen as well. For jurors and patients alike, trust should be earned when it can so easily be abused.
During a medical emergency, people are vulnerable, and unfortunately, medical malpractice cases are often the result of doctors and medical personnel who do not operate in their patient’s interests. Our goal is to help minimize medical malpractice as much as possible, and as we have shared before, there are ways to prevent yourself or a loved one from being a victim.
But as medical malpractice experts, if we feel that your trust was betrayed by a physician or healthcare provider, we will diligently pursue justice on your behalf.
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