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: 1
- David Harsanyi: GOP establishment, stop whining - 0
- John Stossel: Individual giving beats government giving - 3
- BANANAS and NH's energy needs - 5
- Gruber should have been Time's 'Person of the Year' - 5
- In NH, overhunting of RINOs is causing problems - 24
- Another View -- Shawn Jasper: It is time to get to work for the people of NH - 16
- Charles M. Arlinghaus: Read these books, OK? - 1
- Another View - Debra and Marc Tice: Give families a say in hostage policy - 1
- Thomas Sowell: Politicians betray us by betraying our protectors - 1
READER COMMENTS: 0
- State House Dome: Just past Concord session a mixed bag - 0
- Monarchs squeak by Bruins - 0
- Memorial hockey shuts out Trinity - 0
- Dover's Parratto a national champion - 0
- UNH defense comes up big against Redbirds - 0
- St. Anselm men knock off Post - 0
- Leadership, defense made Katie Bishop, of Conway, an All-American - 0
- Jet menace faltered under Rex - 0
- Strong start lifts Bedford to win - 0
UNH loses to Illinois State
Cyber security a fear in NH, too
A new era for Nashua's police force
Nashua police left rattled by tot's death
Haylee Ann-Marie Patten
'Everybody was extremely fortunate'