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    Medical Malpractice and the American Jury Confronting the Myths about Jury Incompetence, Deep Pockets, and Outrageous Damage Awards

    ISBN-10: 0472106392
    ISBN-13: 9780472106394
    Author(s): Neil Vidmar
    Description: In this landmark book, Neil Vidmar looks beyond the common perceptions of medical malpractice litigation and finds a system that is fair, impartial, and intelligent. Firmly grounded in a wealth of empirical data, the author presents a fresh look at  More...
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    List Price: $39.50
    Publisher: University of Michigan Press
    Binding: Hardcover
    Pages: 336
    Size: 6.00" wide x 9.00" long
    Weight: 1.628
    Language: English

    In this landmark book, Neil Vidmar looks beyond the common perceptions of medical malpractice litigation and finds a system that is fair, impartial, and intelligent. Firmly grounded in a wealth of empirical data, the author presents a fresh look at a civil jury system that has been maligned as out-of-touch, capricious, and disposed to awarding exorbitant, unjustified amounts to plaintiffs whenever they have the opportunity. In an era when tort reform is high on the congressional agenda, Medical Malpractice and the American Jury is almost alone in voicing reason and fact. Written in a thoroughly inviting, jargon-free style, Medical Malpractice and the American Jury places those cases that go to trial in the broader context of litigation, noting that only about ten percent of malpractice cases ever result in trials. Of those that do go to trial, the author notes, more than two out of three cases are decided in the doctor's favor--repudiating the view that jurors are inherently biased against doctors and are motivated more by sympathy for the plaintiff than by the facts of the case. Neil Vidmar comprehensively addresses all the claims that have been leveled against the performance of malpractice juries. For example, he compares actual jury decisions on negligence with neutral physicians' ratings of whether negligence occurred in the medical treatment and finds a remarkable consistency--repudiating the view that jurors are unable to understand experts or uncritically defer to their opinion. "Medical Malpractice and the American Jury is quite simply the most compelling, comprehensive examination of the American jury system yet written. It brings reason and fact to the debate in a way that puts the lie to the many myths surrounding medical negligence cases. For anyone genuinely interested in just solutions, this book should be required reading. To act in ignorance of its findings invites disaster." --Trial "For anyone really interested in the evidence about the daily grind of the courthouse mill, Neil Vidmar's Medical Malpractice and the American Jury is a good place to start." --Washington Post Book World Neil Vidmar is Professor of Social Science and Law, Duke Law School, and Professor of Psychology, Duke University.

    Preface
    Acknowledgments
    Are Medical Malpractice Juries Engaged in Malpractice?
    Proplaintiff Bias, Rising Win Rates, and Deep Pockets: Some Major Problems with the Critics' Evidence
    A Profile of Jury Verdicts in North Carolina
    How Typical Is North Carolina? Data from Elsewhere in America
    The Cases That Went to Trial
    Case Studies of Settlement Failure
    The Litigation Process: Putting the Case Studies into Context
    Hypotheses on Case Selection and Their Meaning in Understanding Jury Verdicts
    Malpractice: Behind a $26-Million Award to a Boy Injured in Surgery
    Postscript to Melis v. Kutin
    An Introduction to the Liability Controversy
    Are Trials Always Technically Complicated? Three Case Studies
    Complicated Trials: Some Case Studies
    Jury Performance Compared: Doctor Judgments of Negligence and Other Criteria
    A Summary Perspective on Liability Decisions
    A Prologue to Damages
    Spiraling Awards, "Deep Pockets," and Jury Sympathy: The Claims and the Evidence
    Two Tests of the "Deep Pockets" Hypothesis
    Jurors versus Legal Professionals: Two Studies
    Voices from the Jury Room
    Economic Loss and Punitive Awards
    A Summary Perspective on Damage Awards
    Diagnosis of Misdiagnosis: The Tort Reform Debate - A Concluding Essay
    Notes
    References
    Index

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