Ernest J. Pribanic of Pribanic & Pribanic. Courtesy photo Halitosis, BMI and Medical Noncompliance as a Recurring Defense in Med Mal
While the title of this article is intentionally ironical, the inappropriate use of an injured plaintiff's personal or medical history to confuse, mislead and engender bias in juries is omnipresent in medical malpractice litigation.
March 30, 2021 at 10:57 AM
8 minute read
While the title of this article is intentionally ironical, the inappropriate use of an injured plaintiff's personal or medical history to confuse, mislead and engender bias in juries is omnipresent in medical malpractice litigation. The uses to which defendants may put a particular personal or medical history are numerous, but each is, by design, targeted to encourage the jury to blame the plaintiff—or the plaintiff's decedent—for their own medical condition, thereby absolving the defendant health care provider of any wrongdoing.
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