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: 2
- Betsy McCaughey: More ways Washington squanders your money - 5
- Pat Buchanan: Let Congress vote on Iraq War III - 1
- Who is minding those who mind the store at NH State House? - 4
- Jonah Goldberg: America's selective Libertarianism - 6
- Charles Krauthammer: Why Hillary got it right - 11
- George Will: President Obama in a stew over inversions - 1
- Another View - Annette Carbonneau: Mental Health First Aid will save lives in NH - 0
- Another View -- Terie Norelli: Recognizing Women's Equality Day this month - 18
- Pat Buchanan: Is ISIS 'an existential threat?' - 0
READER COMMENTS: 0
- Obama: World is 'appalled' by murder of NH's James Foley - 7
- Londonderry’s Moonlight Meadery halts Market Basket deliveries - 0
- GOP governor candidates Hemingway, Havenstein spar during morning radio debate - 0
- Nashua firefighters put out two fires; 14 people forced out in Palm Street blaze - 0
- Some sexual assault charges dismissed against Nashua caretaker - 0
- Nashua physician under investigation by Board of Medicine - 0
- Dover man indicted in sexual assault of young girl - 0
- Rochester man facing attempted murder charge - 0
- Second Manchester store pledges to stop selling spice - 0
ISIS beheads NH journalist
Market Basket: On the brink again
Hanover St. building has a buyer
Judge slams spice search
ISIS beheads NH journalist
Editorial: Garcia gains Lambert lies