Jury overrules panel, awards malpractice verdict in son's death
Landry died in June 2005.
New Hampshire Chief Medical Examiner Thomas Andrew testified that he found a lesion on Landry's heart during an autopsy, McDowell said. Andrew said Landry probably developed heart disease in September 2004, McDowell said.
"I really don't know," McDowell said when asked why the jury went against the panel's decision in the Landry case. He said the jury trial involved more witnesses; the evidence had not been completely gathered when the panel heard the case in 2009.
The malpractice panels are favored by insurance companies and the health care industry. They were opposed by personal-injury lawyers, who see them as an additional, expensive step before a case goes to trial.
Harker said the most recent available data for New Hampshire — up to September 2012 — show that malpractice panels heard 213 cases. Of those, 163 resulted in unanimous decisions, 112 in favor of the doctor or hospital.
Harker said most practitioner errors are innocent mistakes. Patients deserve to get compensated in a timely fashion, but a wait of five to seven years hurts them and the physician, he said.
McDowell said Gartska's lawyer never offered a settlement, especially not after the malpractice panel decision. It took four years to bring the case to a jury after the malpractice panel decision.
READER COMMENTS: 0
- Thomas Sowell: A primer on race and do-gooders - 0
- Ramesh Ponnuru: There is no basis for liberal Hobby Lobby outrage - 0
- Kathy Sullivan: NH energy projects should produce wins for everyone - 15
- Another View - Kevin Baine: No, the Hobby Lobby ruling won't deny anyone contraception - 6
- Jonah Goldberg: Liberals dislike America - 2
- Another View -- David Ignatius: Iran overplays its hand - 0
- John Stossel: There's capitalism, and then there's crony capitalism - 1
- David Harsanyi: Not surprising more Americans believe freedom is overrated - 1
- Gail Fisher's Dog Tracks: Water-loving dogs should be watched so they don't overdo it - 0
READER COMMENTS: 0
- Mazzaglia to be sentenced Aug. 14 for murder of UNH student - 0
- Lost Massachusetts hikers found safe in NH - 0
- GOP criticizes Shaheen flip flop on gas tax - 6
- No one has a clear claim to NHMS supremacy - 0
- Sentence fragment: Coco's cuckoo release - 0
- Charles Arlinghaus: Does Concord have a big spending problem? - 1
- Ban fireworks? Get serious - 11
- Police say Manchester woman arrested for punching ex-boyfriend during custody exchange in Walmart parking lot - 1
Police say Manchester woman arrested for punching ex-boyfriend during custody exchange in Walmart parking lot
Bikers say under-30 generation isn't interested, and can't afford many of the top motorcycles
Praising freedom: While curtailing it
Ban fireworks? Get serious
GOP criticizes Shaheen over gas tax