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Originally Posted by KSig RC
Yeah, Kevin explained why "proof of guilt" isn't all that important - it's evidence of degree though, which influences damages decisions. The plaintiff attorney needs to drive anger to earn big figures - degree -> anger.
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And maybe the jury should be angry? Perhaps the hospital doesn't have safety measures which are common elsewhere implemented because it saves them money or time or because they just haven't considered it. We know none of that, and that is why the good Lord created discovery. There may be something for a jury to get mad about, and don't knock those big figures, if insurance companies didn't have to pay out big bucks, we'd have a culture where profitability outweighs life. I prefer to keep those number crunchers guessing as to how much it costs to kill and maim people.
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Also, by "kid gloves" I didn't mean "be nice about it" - I meant it would be hard to get in, so you'd have to work around it. I would agree with Kevin that it shouldn't be allowed, but that doesn't mean it wouldn't (each judge's view of what constitutes a 'clean record' obviously varies).
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I suppose it could arguably come in, but the only reason we're hearing about it is because it's extremely abnormal for something like this to happen, and maybe the insurance company types want us to see how ravaged these poor medical professionals are because of these mean, nasty lawsuits... and this isn't really the time or place for that. From where I sit, this is an open and shut case as to liability. Punitive damages are fair game though.
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