Published on:

New Trial Ordered in Medical Malpractice Case

A state’s Supreme Court has ordered a new trial in a medical malpractice case because the defendant helped treat a juror who fell ill during closing arguments. During closing arguments, the plaintiff’s medical malpractice attorney spoke as though he was the victim, describing what he may have been thinking as he was dying, and then began describing being autopsied. One of the jurors then exclaimed that she felt as if she was going to pass out. The defendant, who was a physician, tended to the ill juror who was taken to the hospital. The medical malpractice opinion also cited medical malpractice cases in Illinois and New York in which a mistrial was required after a defendant doctor provided care for a sick or injured juror in the presence of other of other jurors. To read more about the medical malpractice trial, please click the link.