PROFESSIONJudge: Mega-verdict spawned by passionIn the Courts. By Tanya Albert, AMNews staff. Oct. 11, 2004. Doctors fed up with jury awards they see as over the top are going to like one Ohio judge's response to what's believed to be the largest medical malpractice award in the state's history. He threw out the verdict and called for a new trial. In a 13-page opinion, trial court Judge Robert M. Lawther said the award was excessive and that it was given "under the influence of passion and prejudice." He also said the plaintiff's attorney used theatrical tactics throughout the trial that helped him win "a clearly unjustified verdict." "There may be a future case in Ohio in which the plaintiff is severely injured, facing a lifetime of constant pain and disability, permanently bedridden, deprived of a large income enjoyed before the malpractice with a family he can no longer support and facing daily exorbitant costs of special medical care," the judge wrote. "In such a case a verdict in the amount of $30 million or more might be well justified. In the opinion of this court, the evidence herein does not show that this is such a case." The emphasis was Lawther's, as he wrote that sentence in bold with an underline. This is exactly the kind of decision that physicians -- who are struggling to pay for or obtain medical liability insurance -- say they want to see more judges making in extreme cases. Trial judges do hold the power to reduce jury awards or order new trials when they think it's justified. But experts say that power is rarely used. [...]Full text of AMNews content is available to AMA members and paid subscribers.
Copyright 2004 American Medical Association. All rights reserved.
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