From the Legal Intelligencer of Monday, August 1, 2009:
The Legal Intelligencer (08/17/2009, Zack Needles) reported, “an Allegheny County Common Pleas judge has called for a new trial in a medical malpractice case, making the rare decision to vacate a jury’s defense verdict and suggesting that the defendant doctor be barred from testifying in the new proceedings.” According to the Legal Intelligencer, the trial judge said that the pulmonologist “on trial for allegedly failing to make a timely diagnosis of lung cancer lied on the witness stand by claiming she had suspected plaintiff’s decedent . . . had lung cancer all along but that the patient had resisted a biopsy.” However, the trial judge found this was not true and noted that the doctor’s “own writings” confirmed that she never made such a diagnosis. According to the Legal Intelligencer, based upon the doctor’s lies a jury had found in favor of the doctor, but the trial judge was not persuaded and found that the verdict was “so against the weight of the evidence as to shock the conscience of the court.” A new trial has now been granted and the trial judge has indicated that the doctor may not be permitted to testify at her new trial due to the egregious conduct of the defendant doctor. Because of the Court’s ruling, the plaintiff will now be able to fairly present the case to a jury.
At Liever, Hyman & Potter, P.C., we handle cases involving doctor/hospital errors, surgery errors, pregnancy and birth injuries, misdiagnosis, failure to diagnose and prescription errors. An experienced attorney for personal injury at our firm can assist you with these types of matters. If you or a loved one have any questions or concerns about medical care or treatment you may want to contact Liever, Hyman & Potter, P.C., personal injury lawyer attorney in Reading, PA.