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Politics : Politics for Pros- moderated

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To: Ilaine who wrote (53233)	7/7/2004 5:41:31 PM
From: carranza2	of 793928

and Edwards just got dumb lucky doesn't go too far with me. Of course, he was lucky. Lucky to get the bad baby cases that he could prepare for trial. Juries don't generally turn away bad baby cases without a substantial award. I don't think you got the gist of the NE Journal of Medicine article linked by that clever little old nurse. And certainly haven't thought through the legal implications. Baby CP cases caused by malpractice are rare. Proving the exact cause of CP, however, is extremely difficult, and it is therefore equally difficult to exclude physician fault as a cause. No matter how compelling the statistical studies which exclude malpractice as a cause might be, they don't prove anything in any particular case. They are irrelevant evidence and cannot be considered at trial. If a trial lawyer can get an expert under these circumstances to opine that "the Doctor did it," he's essentially home free because it's very difficult for juries to turn down CP babies with zero verdicts. And large amounts of cash buys those opinions. Does this mean that there are a lot of CP baby cases in which large awards are made in which the MD did nothing wrong? I am absolutely sure of it.

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