Medical expert Mark Gorney, MD, is co-founder and senior consultant for The Doctors Company says that physicians “must accept that behavior and personality play an absolutely critical role in the outcome of malpractice action.” Winning a malpractice lawsuit requires more than proving your treatment was appropriate, prudent, and conformed to the standard of care. “Exit polls consistently reveal that juries are at least as heavily influenced by their feelings about the players as they are by the facts of the case.” Dr. Gorney suggests showing a little humility.
“When you are the target of a malpractice lawsuit, it is not very different than an illness,” Dr. Gorney counsels. “This time you are the patient. Although we all know that doctors make the worst patients, your own personality characteristics may determine whether the verdict comes back for the defense or [includes] several million dollars in punitive damages.”
Excerpted from CortlandtForum.