Comments on: The Trial of a WhiteCoat – Part 12 http://www.epmonthly.com/whitecoat/2009/07/the-trial-of-a-whitecoat-part-12/ A blog from inside the emergency department Mon, 22 Mar 2010 00:40:31 -0400 http://wordpress.org/?v=2.8.4 hourly 1 By: Ian Random http://www.epmonthly.com/whitecoat/2009/07/the-trial-of-a-whitecoat-part-12/#comment-10389 Ian Random Wed, 22 Jul 2009 11:44:32 +0000 http://www.epmonthly.com/whitecoat/?p=3006#comment-10389 I wonder if they can subpoena her ER records to verify that he was a good husband that did not beat her. And since the deceased was a cop, what about any excessive force complaints? Forgive me, I saw the Thomas Cullen Davis story recently and that defense lawyer was real good. I wonder if they can subpoena her ER records to verify that he was a good husband that did not beat her. And since the deceased was a cop, what about any excessive force complaints? Forgive me, I saw the Thomas Cullen Davis story recently and that defense lawyer was real good.

]]> By: SeaSpray http://www.epmonthly.com/whitecoat/2009/07/the-trial-of-a-whitecoat-part-12/#comment-10313 SeaSpray Mon, 20 Jul 2009 05:20:41 +0000 http://www.epmonthly.com/whitecoat/?p=3006#comment-10313 Just sailing through these. Thanks for the good read. :) (Just sorry you went through it) ****************** You know a patient is bored while lying on an ED stretcher when counting ceiling lights, ceiling squares, dots in the ceiling squares and number of items in the omnicells in trauma room... = one ...long.. boring night. The up side is said patient isn't at death's door if they can do all that counting. :) Just sailing through these. Thanks for the good read. :) (Just sorry you went through it)
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You know a patient is bored while lying on an ED stretcher when counting ceiling lights, ceiling squares, dots in the ceiling squares and number of items in the omnicells in trauma room… = one …long.. boring night.

The up side is said patient isn’t at death’s door if they can do all that counting. :)

]]> By: Charles A. Pilcher MD FACEP http://www.epmonthly.com/whitecoat/2009/07/the-trial-of-a-whitecoat-part-12/#comment-10035 Charles A. Pilcher MD FACEP Wed, 15 Jul 2009 05:14:42 +0000 http://www.epmonthly.com/whitecoat/?p=3006#comment-10035 Like I said at the outset, and is becoming clearer with each post, the odds are with the defense. Looking forward to the conclusion. Like I said at the outset, and is becoming clearer with each post, the odds are with the defense. Looking forward to the conclusion.

]]> By: Matt http://www.epmonthly.com/whitecoat/2009/07/the-trial-of-a-whitecoat-part-12/#comment-10022 Matt Wed, 15 Jul 2009 02:25:16 +0000 http://www.epmonthly.com/whitecoat/?p=3006#comment-10022 Yeah, she's probably lying about her dead husband. Good call on your part. Yeah, she’s probably lying about her dead husband. Good call on your part.

]]> By: Matt http://www.epmonthly.com/whitecoat/2009/07/the-trial-of-a-whitecoat-part-12/#comment-10021 Matt Wed, 15 Jul 2009 02:24:50 +0000 http://www.epmonthly.com/whitecoat/?p=3006#comment-10021 Really? Which of the jurors is cheating justice? Really? Which of the jurors is cheating justice?

]]> By: Adam http://www.epmonthly.com/whitecoat/2009/07/the-trial-of-a-whitecoat-part-12/#comment-10012 Adam Tue, 14 Jul 2009 23:27:57 +0000 http://www.epmonthly.com/whitecoat/?p=3006#comment-10012 You know that image of a blindfolded Lady Justice holding up measuring scales? It doesn't apply in civil trials. You know that image of a blindfolded Lady Justice holding up measuring scales? It doesn’t apply in civil trials.

]]> By: Bill Alexander http://www.epmonthly.com/whitecoat/2009/07/the-trial-of-a-whitecoat-part-12/#comment-9993 Bill Alexander Tue, 14 Jul 2009 20:31:27 +0000 http://www.epmonthly.com/whitecoat/?p=3006#comment-9993 Naturally she will say she loved her husband and he was a wonderful person. What lawyer would let their client say "he was a lying sob that ran around, but he only beat me on the weekends and I need the money." Naturally she will say she loved her husband and he was a wonderful person. What lawyer would let their client say “he was a lying sob that ran around, but he only beat me on the weekends and I need the money.”

]]> By: Blawg Review #220 http://www.epmonthly.com/whitecoat/2009/07/the-trial-of-a-whitecoat-part-12/#comment-9905 Blawg Review #220 Mon, 13 Jul 2009 14:00:54 +0000 http://www.epmonthly.com/whitecoat/?p=3006#comment-9905 [...] has been serializing a first-person account of his malpractice trial; you can read parts eleven and twelve, bearing in mind that you’re coming in partway through the story. (The trial has concluded, [...] [...] has been serializing a first-person account of his malpractice trial; you can read parts eleven and twelve, bearing in mind that you’re coming in partway through the story. (The trial has concluded, [...]

]]> By: Blacksails http://www.epmonthly.com/whitecoat/2009/07/the-trial-of-a-whitecoat-part-12/#comment-9896 Blacksails Mon, 13 Jul 2009 06:19:03 +0000 http://www.epmonthly.com/whitecoat/?p=3006#comment-9896 Criminal trials have two phases, one for guilt and one for punishment. I dont see why civil trials should be any different. Criminal trials have two phases, one for guilt and one for punishment. I dont see why civil trials should be any different.

]]> By: Supremacy Claus http://www.epmonthly.com/whitecoat/2009/07/the-trial-of-a-whitecoat-part-12/#comment-9892 Supremacy Claus Mon, 13 Jul 2009 02:22:37 +0000 http://www.epmonthly.com/whitecoat/?p=3006#comment-9892 The bifurcation of the trial is a good idea. First prove negligence took place. Bifurcation prevents outcome bias, a violation of the procedural due process right of the civil defendant to a fair hearing. The plaintiff should also be excluded from the court if the appearance of the plaintiff will be disruptive and prejudicial to the above defendant right. WC's lawyer failed to assert those legal rights. As soon as the wife started crying, the lawyer should have called for a mistrial and demanded all legal costs to the plaintiff lawyer's personal assets. The bifurcation of the trial is a good idea. First prove negligence took place. Bifurcation prevents outcome bias, a violation of the procedural due process right of the civil defendant to a fair hearing.

The plaintiff should also be excluded from the court if the appearance of the plaintiff will be disruptive and prejudicial to the above defendant right. WC’s lawyer failed to assert those legal rights. As soon as the wife started crying, the lawyer should have called for a mistrial and demanded all legal costs to the plaintiff lawyer’s personal assets.

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