Shapiro Law Group Gets Medical Malpractice Ruling Reversed

Posted on August 01, 2014 by Shapiro Law Group

In medical malpractice cases, the jury is supposed to have an unbiased and impartial stance when examining the evidence and case before them. That is what the families and victims of medical malpractice are entitled to, at the least.

Unfortunately, that is not always the case, and sometimes biased jurors can be selected. At that point, it is of the utmost importance to have a knowledgeable medical malpractice attorney who will be able to challenge this and prove that the juror should have never been picked based on his or her bias and inability to be impartial.

Shapiro Law Group recently did just that when a biased juror was chosen for a medical malpractice case in Scarpaci, et al., v. Kaufman et al., A14A0505 (Ga. App. July 16, 2014).

In the case, the parents of a minor child sued Paul L. Kaufman, M.D., Jeffrey A. Carlisle, M.D., and Thomas Eye Group, P.C., among others, for medical malpractice after their child lost vision in both eyes within three months of her premature birth. This condition is defined as retinopathy of prematurity (ROP).

During questioning to decide what jurors would be selected for the case, one juror acknowledged that she was a patient of a doctor with Thomas Eye Group. She then stated that she had medical training, had “concerns about medical malpractice lawsuits and jury verdicts in general” and that as a potential juror, she was “already leaning to one side or the other.”

While the previous statements should be enough to disqualify any juror from sitting on a case, the lower court moved forward, asking who thought that they could not be fair and impartial during the trial. The same juror raised her hand and stated that as a health professional she was afraid that she was a little biased towards the health professionals in the case.

The lower court allowed the juror to sit for the trial, but the appeals court found ample reason to reverse this decision after reviewing arguments from Shapiro Law Group and examining the transcript of the jury selection. The appeals court specifically stated, “Because the trial court did not ferret out bias, an abuse of discretion resulted, and a new trial is required.”

Medical malpractice lawsuits can be complex and drawn out cases at times, that is why it is important to have medical malpractice attorneys that are committed to causes and not cases. In those instances, as in this one, the attorney is going to have the knowledge and compassion to pursue your case until you get the results that both you and your family deserve.

Did you know: 9.5 percent of medical malpractice birth injuries are alleged to result from a failure to diagnose and 4.7 percent from misdiagnosis.

Shapiro Law Group – Medical Malpractice Attorneys Serving the Tampa Bay Area


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