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A few years ago, nationally recognized trial consultant, Dr. Jill Huntley Taylor, was a contributor to our live seminar program and wrote an article for our newsletter outlining juror expectations in a medical malpractice trial. To identify these expectations, she used the acronym “MEDIC” which stands for:

Medicine - Whether the standard of care was met and? will be in dispute;

Education - Education is about communication - communication to the patient about their medical condition and treatment plan, and communication within a medical practice;

Documentation - Jurors look for evidence of both communication and medical care in the medical documentation and tend to rely heavily on what was documented contemporaneously.

Informed Consent - One specific aspect of communication to which jurors pay very close attention is the informed consent process.  Jurors want the patient to be informed about what the medical treatment entails and what to expect, including potential side effects and

Complications. An informed patient is an empowered patient, and;

Caring - Jurors take all the information that they can gather about that medical professional and determine, “is this someone I would want caring for me?"

For a more in-depth discussion, read Dr. Huntley Taylor’s Sentinel article: Addressing Juror Expectations in Everyday Practice: MEDIC.

The contents of The Sentinel are intended for educational/informational purposes only and do not constitute legal advice. Policyholders are urged to consult with their personal attorney for legal advice, as specific legal requirements may vary from state to state and/or change over time.