Jurors as Beneficiaries of Proposals to Objectify Proof of the Standard of Care in Medical Malpractice Cases
10 Pages Posted: 9 Jan 2003
Abstract
This Article will discuss how and why jury comprehension and decision-making can benefit from the use of empirical sources at trials where the standard of care is in dispute. It is suggested that this potential assistance to jurors should be a factor for legal policy-makers to weigh when they consider whether empirical data will be admitted at trials. However, this Article predicts that whether or not jurors receive this potential assistance in the form of empirical sources will depend largely on the politics of tort reform.
Keywords: torts, medical malpractice, juries, jury reform
JEL Classification: K41
Suggested Citation: Suggested Citation
Dann, B. Michael, Jurors as Beneficiaries of Proposals to Objectify Proof of the Standard of Care in Medical Malpractice Cases. Available at SSRN: https://ssrn.com/abstract=347942 or http://dx.doi.org/10.2139/ssrn.347942
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