Journal Archives
September 2007
September 2006
August 2006
July 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004
September 2004
August 2004
July 2004
June 2004
May 2004
April 2004
March 2004
February 2004
January 2004
December 2003
November 2003
October 2003
September 2003
Not Without my $15 - part IX - The Verdict
Monday Mar 28, 2005
Day 8 Deliberations and Verdict
Your verdict is in. You found for the defendant declaring that he was not negligent in his care for his patient. Here’s how our day of deliberations went:
After the long-winded closing statements came to, well, a close, the Judge began to give us our Jury instructions. While they were more complex than yours the general gist was the same. We were to now go to the jury room, select a presiding juror (foreperson), deliberate, and do so until we had come to a 9-3 “consensus” on each question. If we ever reached a consensus of NO to a question we were to stop there and buzz the court assistant with our verdict.
We headed to the jury room for the umpteenth time, but this time we were finally going to speak about the case, compare notes, and arrive at a fair verdict based on the evidences presented in court. The first order of business; selection of the foreperson.
Perhaps it was my earlier campaigning a few short weeks earlier, perhaps it was the fact that I had poured my guts out to the attorneys and had still ended up on the jury…I’m not really sure what factor lead to my quick and consensual nomination, but as you know I enjoy the spotlight and was more than happy to be the jury foreman. And so it was.
I started the deliberations by suggesting that we have an open forum discussion with those parties wishing to speak indicating such by a raise of the hand. I would then write down their names and call on them in the order they had presented their desire to speak. While this system in theory seemed flawless emotions were soon bursting and maintaining the rules of order proved a taller task than I had hoped.
Still a few questions remained. Were the inaccuracies in the Doctor’s records enough to constitute malpractice? Did the amount of medication he prescribed to his patient cause her harm? And were these behaviors or the behaviors of the doctor’s staff negligent? Oh and a technical question…The last question on the verdict sheet was unclear. The secretary (the woman recording the minutes on the jury) and I quickly wrote up a question to be posed to the judge for clarification on the question.
About 10 minutes later we were asked back into the courtroom and the judge read our question aloud. “Shall the % of fault that is not Dr. McGee and is not Crazy Complainee be assessed in the category of Crazy?”
His answer: “If you flip to the next page you will see the category other factors %. Does this answer your question?” Needless to say I was embarrassed beyond belief. In a room filed with people awaiting our verdict I was shown to be a little lacking in my Fore-duties. Potentially the most embarrassing moment of my life and there have been a lot.
We returned and arguments on both sides were aired. Reason did end up prevailing though and after about 5 hours of deliberation the jury arrived upon a verdict 9-3 in favor of the defendant. Though I spoke vocally against the majority citing his sloppy records and my fear that he could be dangerous to his other patients if he doesn’t take better care the rest of the jury felt that his actions did not constitute malpractice and that Crazy Complainee was at fault for her behaviors. They felt that a doctor can only do as well as his patient allows him/her to do and that she had severely violated that partnership.
Apparently you agree and I’m in the minority. Maybe I don’t like doctors…I wonder why…
We returned to the courtroom. It was my job to stand with the verdict pressed to my chest. I did so. The judge asked, “Have you reached a verdict.” And I said, “Yes we have, your honor…” Well actually that’s not true…I simply said. “We have.” The verdict was then taken to the court reporter who read it aloud. And just like that the doctor was off the hook, the plaintiff came up empty handed, and my prison sentence of jury duty was abruptly over.
A few weeks ago I got my check. $144.07. $15 a day plus one-way mileage. Not a bad day’s work, week’s work, half month’s work….