Those in Providence County who file medical malpractice lawsuits against doctors, hospitals and/or other parties may believe that settlements in their cases are all but guaranteed. Perhaps that comes from an assumption that all such action is successful, because a majority of the news stories covering such cases detail successful outcomes for the plaintiffs. However, it should be remembered that such cases are typically argued in front of juries, and as is the case in a jury trial, consenting opinions amongst those hearing the case could result in a mistrial.
Such is what occurred at the end of a trial recently argued in Florida. The husband of a woman currently in a persistent vegetative state in a New York care center sued the medical center in Florida where she was seen following a brain hemorrhage. The woman had originally been a patient at another medical center, but was later transferred to the facility named in the lawsuit after the other determined it did not have the resources to care for her. The husband claims that the providers at the defendant facility did not have the necessary equipment either, yet that he was never told that. Representatives from the medical center claim, however, that the man was told prior to his wife being operated on that her chances of survival were only 50 percent, and the odds that she could end up in the state she is currently in were even higher.
A single juror hearing the case later admitted that he did not feel like either side proved their claims, which resulted in a mistrial. Those who see their medical malpractice claims end in such an outcome can, however, choose to argue them again. Their chances for success may be bolstered by enlisting the services of an attorney.
Source: MyPalmBeachPost “Juror holdout causes mistrial in malpractice case against St. Mary’s” Musgrave, Jane, Apr. 13, 2017