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

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

B. Michael Dann (Contact Author)

Independent ( email )

P.O. Box 2822
Williamsburg, VA 23187
United States
757-253-9845 (Phone)
757-253-9015 (Fax)

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