Medical Malpractice and the American Jury

by Vidmar, Neil

• ISBN13: 9780472084791
• ISBN10: 0472084798
• Format: Paperback
• Copyright: 1997-09-01
• Publisher: Univ of Michigan Pr

Summary

In this landmark book, Neil Vidmar looks beyond the common perceptions of medical malpractice litigation and finds a system that is fair, impartial, and intelligent. Firmly grounded in a wealth of empirical data, the author presents a fresh look at a civil jury system that has been maligned as out-of-touch, capricious, and disposed to awarding exorbitant, unjustified amounts to plaintiffs whenever they have the opportunity. In an era when tort reform is high on the congressional agenda,Medical Malpractice and the American Juryis almost alone in voicing reason and fact. Written in a thoroughly inviting, jargon-free style,Medical Malpractice and the American Juryplaces 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. "Medical Malpractice and the American Juryis quite simply the most compelling, comprehensive examination of the American jury system yet written. It brings reason and fact to the debate in a way that puts the lie to the many myths surrounding medical negligence cases. For anyone genuinely interested in just solutions, this book should be required reading. To act in ignorance of its findings invites disaster." --Trial "For anyone really interested in the evidence about the daily grind of the courthouse mill, Neil Vidmar'sMedical Malpractice and the American Juryis a good place to start." --Washington Post Book World Neil Vidmar is Professor of Social Science and Law, Duke Law School, and Professor of Psychology, Duke University.

Table of Contents

Preface	ix	(2)
Acknowledgments	xi
1. The Debate and the Evidence	3	(46)
1. Are Medical Malpractice Juries Engaged in Malpractice?	3	(8)
2. Proplaintiff Bias, Rising Win Rates, and Deep Pockets: Some Major Problems with the Critics' Evidence	11	(12)
3. A Profile of Jury Verdicts in North Carolina	23	(14)
4. How Typical Is North Carolina? Data from Elsewhere in America	37	(12)
2. Case Selection and Its Importance in Understanding Jury Outcomes	49	(46)
5. The Cases That Went to Trial (with Laura Donnelly)	49	(10)
6. Case Studies of Settlement Failure	59	(10)
7. The Litigation Process: Putting the Case Studies into Context	69	(14)
8. Hypotheses on Case Selection and Their Meaning in Understanding Jury Verdicts	83	(12)
3. Liability	95	(90)
9. Malpractice: Behind a $26-Million Award to a Boy Injured in Surgery (by Steve Cohen)	95	(16)
10. Postscript to Melis v. Kutin	111	(10)
11. An Introduction to the Liability Controversy	121	(6)
12. Are Trials Always Technically Complicated? Three Case Studies	127	(18)
13. Complicated Trials: Some Case Studies	145	(16)
14. Jury Performance Compared: Doctor Judgments of Negligence and Other Criteria	161	(14)
15. A Summary Perspective on Liability Decisions	175	(10)
4. Damages	185	(80)
16. A Prologue to Damages	185	(6)
17. Spiraling Awards, "Deep Pockets," and Jury Sympathy: The Claims and the Evidence	191	(12)
18. Two Tests of the "Deep Pockets" Hypothesis	203	(18)
19. Jurors versus Legal Professionals: Two Studies (with Jeffrey Rice and David Landau)	221	(16)
20. Voices from the Jury Room	237	(12)
21. Economic Loss and Punitive Awards	249	(10)
22. A Summary Perspective on Damage Awards	259	(6)
5. Conclusion	265	(14)
23. Diagnosis of Misdiagnosis: The Tort Reform Debate--A Concluding Essay	265	(14)
Notes	279	(24)
References	303	(12)
Index	315