The case was later settled in arbitration.

  • @idiomaddict@lemmy.worldOP
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    53 months ago

    I would absolutely consider ending a lawsuit with a negotiation instead of a negative judgment to be a win. Obviously the jury pool would have been biased in favor of the doctor, but they could have requested a new jury.

    • @roofuskit@lemmy.world
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      103 months ago

      That’s was up to the plaintiff, not the judge. As it was a civil suit it was probably too expensive them to pay to panel another jury and then re-argue the case. Lawyers are expensive.

      • @idiomaddict@lemmy.worldOP
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        43 months ago

        That’s was up to the plaintiff, not the judge.

        Yes, and their position was worsened by him being a good doctor. That feels like a win to me.

        • @entwine413@lemm.ee
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          53 months ago

          Not to the plaintiff if he was actually guilty of medical malpractice.

          Saving someone’s life doesn’t mean you can’t commit malpractice.

          • @idiomaddict@lemmy.worldOP
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            13 months ago

            Correct, but I’m evaluating this from the defendant’s perspective. If you want to consider this a neutral development until you’re able to evaluate the facts of the case, that’s your prerogative. If you find them, I’d be interested in reading them.

        • @qarbone@lemmy.world
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          43 months ago

          From what I could read, he just used a defib kit. Would his ability to ease symptoms of a heart attack have any bearing on his fitness to do whatever the hell gynelogical oncology entails?

          I guess it doesn’t have to, in fact. It just has to feel like it does to win over a selection of people who don’t really care amd wouldn’t know better.

        • @roofuskit@lemmy.world
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          33 months ago

          You’re assuming it wasn’t his insurance company that pushed to settle to avoid the costs of another trial.

          • @idiomaddict@lemmy.worldOP
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            23 months ago

            I’ve worked in insurance companies for long term bodily injury claims, they wanted that from the start. The mistrial allowed them to get it.

      • @Sc00ter@lemm.ee
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        23 months ago

        You can sue to include layers/court fees. And most of the time, these types of layers dont do it for base fees, they do it for a % of the settlement. If theyre going after malpractice, they have insurance to pay that out. I cant really imagine the cost of court would sway them against going back to trial.

          • @Sc00ter@lemm.ee
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            13 months ago

            Insurance is on the side of the defendant. The plantif determines if they go back to court. Insuance has nothing to do with that

              • @Sc00ter@lemm.ee
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                13 months ago

                They likely made a settlement offer the first time too. The easily could have made a worse settlement offer the second time because court was going so well, and the plantif knew they might not get what they were asking for.

                We dont know