Aug 2, 2013

More on Medical Malpractice Panels and the Landry Case

The Clinical Advisor carries an article on the recent medical malpractice trial in which the jury overruled the opinion of the medical malpractice panel. (The case of 36-year old, William Landry, Jr., who sought treatment after two fainting spells in 2004.)
"In 2007, New Hampshire began using medical malpractice panels that consist of a retired judge, a physician and a lawyer. The panel hears evidence in private and does not have to follow typical court rules. Malpractice panel decisions are not binding, and plaintiffs can still seek a jury trial. The process is designed to promote settlement to ease the burden on the court system. If a malpractice panel reaches a unanimous decision, it is presented to a jury for a final decision."

"Malpractice panels have been popular with insurance companies and within the healthcare field, but trial attorneys view them as an additional step that makes it more difficult and costly for plaintiffs to bring a case to court. The malpractice panel law was enacted in 2005, but was not utilized in New Hampshire until 2007." 
 See the full article at: