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NCJRS Abstract

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NCJ Number: 158282 Find in a Library
Title: Medical Malpractice and the American Jury: Confronting the Myths About Jury Incompetence, Deep Pockets, and Outrageous Damage Awards
Author(s): N Vidmar
Date Published: 1995
Page Count: 330
Sponsoring Agency: University of Michigan Press
Ann Arbor, MI 48106-1104
Publication Number: ISBN 0-472-10639-2
Sale Source: University of Michigan Press
Marketing Manager
839 Greene Street
P.O. Box 1104
Ann Arbor, MI 48106-1104
United States of America
Type: Survey
Language: English
Country: United States of America
Annotation: This book examines the civil jury as its carries out its duties in respect to lawsuits involving medical malpractice.
Abstract: Using statistics on the number of malpractice lawsuits that go to trial and the number of cases that result in awards to the plaintiff, the author repudiates claims that civil juries tend to be oversympathetic to plaintiffs and to award excessive amounts for pain and suffering and punitive damage. A comparison of actual jury decisions with neutral physicians' ratings of whether medical negligence occurred in particular cases were very consistent, showing that juries can understand and analyze expert evidence. Similarly, a comparison of damages awarded in malpractice suits with those awarded in automobile injury cases demonstrates that damage awards are generally consistent with the seriousness of injury and economic loss.
Main Term(s): Courts
Index Term(s): Jury decisionmaking; Malpractice litigation; Medical malpractice
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