Greedy Trial Lawyer
Doctor/Defendants Leap To Aid Of Moaning Juror
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I have had the pleasure of the nurse/defendant who showed up at trial every single day wearing an immaculate white nursing outfit including that cute little cap, but I have never experienced what occurred in the Charlie Weis medical malpractice trial this week. Forbes Magazine provides the details.
Weis' Malpractice Case Declared Mistrial
A judge declared a mistrial Tuesday in Notre Dame coach Charlie Weis' medical malpractice lawsuit after a juror collapsed and several doctors - including the two defendants - rushed to his aid.The juror, an older man, began moaning as he listened to an expert testifying in defense of Massachusetts General Hospital surgeons Charles Ferguson and Richard Hodin. Weis claims they botched his care after gastric bypass surgery in June 2002.
The judge immediately ordered the other jurors out of the courtroom, but some saw Ferguson, Hodin and other doctors who were in the courtroom rush to the collapsed juror's aid.
An attorney for Weis said it was with "great reluctance" that he ask for the mistrial in the case that was expected to go to the jury Wednesday.
"I cannot think of an instance there would be more reason than when a juror has this kind of incident," attorney Michael Mone said.
A lawyer for the doctors said a mistrial would be unfair to the surgeons, who had rearranged their schedules to accommodate Weis, who is in the offseason for football.
Judge Charles Spurlock, however, agreed to grant a mistrial.
By the way, sometimes listening to the testimony of defense experts makes me moan, too.
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Comments
Maybe the plaintff's attorney should have shouted out, "Get a real doctor!"
Michael Kaplen, Esq.
www.brainlaw.com
www.braininjury.blogs.com
Posted by: Michael Kaplen at February 21, 2007 06:47 PM