It took all my willpower not to look at the jury to see their reaction. My attorney had prepared me for this. He later told me that there were several subtle smirks among the jury members.
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ACEP Now: Vol 43 – No 05 – May 2024The jury went to deliberate; the next 90 minutes were among the longest of my life. When the jury came back and found me not liable, the case was over and I was relieved that I could start my new job in New York City unscathed.
Since then, I’ve learned a lot about medical malpractice, and have advised many students and colleagues about how to improve their experiences after being sued. I have taught about medical malpractice for more than 20 years to medical students and residents, and hopefully made the whole process less anxiety-provoking for them.
Since the first trial, I’ve been sued three more times. Here is my advice from these experiences.
- Never ignore a legal document. That’s what lawyers are for.
- Listen to your lawyer. Do what they say! But don’t be intimidated to the point where you are afraid to express your misgivings.
- Talk to your lawyer about anything that makes you uncomfortable. Pay attention to your feelings.
- Be the voice of good, evidence-based medicine (and science). You and your lawyer can figure out how to explain your defense to the jury.
Dr. Mayer is a board certified
emergency medicine
physician in Niskayuna, New
York.
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