Lawyer Questions Fairness of Baltimore Jurors After Malpractice Verdict

On Wednesday, a Baltimore City jury awarded a 78-year-old Owings Mills woman $2 million in a medical malpractice case stemming from a failed surgery that led to three successive leg amputations.

After the verdict, Defendant’s lawyer gave this quote to the Maryland Daily Record: “This reaffirms my long held view that it is extremely difficult for a physician to get a fair trial in Baltimore City, particularly where there is a bad outcome and a sympathetic Plaintiff.”

If I were the reporter, I would have asked a few follow-up questions. Do you think that the people of Baltimore are not as smart and more prone to emotion then, let’s say, a Baltimore County jury? Why do you think this is? Is it just malpractice cases we cannot trust them with or all cases? What should we do about this problem with Baltimore City jurors? Should we replace Baltimore City jurors with the right kind of people, like the good folks in, let’s say, Potomac. If Baltimore City jurors can’t be fair on juries, should we continue to trust them to vote?

Congratulations to the malpractice victim and her lawyers Charles J. Piven of Brower Piven in Baltimore and Barry J. Diamond.

  • Paul W Dennis

    A reporter would ask questions such as those you posed only as entrapment questions – sort of like asking someone if he has quit molesting his kids.

    Yes, there are jury pools where the jurors are less educated, dumber, more excitable and more easily swayed by emotion.

    The real problem is getting a “jury of one’s peers”. I’d bet you there wasn’t one professional person (doctor, dentist, lawyer, architect, CPA on this jury).

    Not knowing the facts of the case, I cannot comment if the jury verdict was fair or not, but nothing would surprise me.

  • Ron Miller

    Do you really connect “when did you stop molesting your kids?” with the suggested follow-up questions above?

    I’m not sure that the Founding Fathers intended peers to be fellow professionals. That might be cutting it just a little thin, don’t you think?

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