An over-the-top wardrobe is just one way that physicians can negatively influence jurors during legal trials. Attorneys have witnessed countless examples of physicians sabotaging their own trials. MedTwitter
During a medical malpractice trial in New Jersey, jurors waited nearly 4 hours for the physician defendant to show up. When he did arrive, the body-building surgeon was sporting two thick gold chains, a diamond pinky ring, and had the top buttons of his shirt open enough to reveal his chest hair.
Jurors ultimately found the physician negligent in the case and awarded the plaintiff $1.2 million. Flynn believes that physician's flamboyant attire and arrogant nature tainted the jury's decision. "The minute you enter the courthouse, jurors or potential jurors are sizing you up," says health law attorney Michael Clark of Womble Bond Dickinson LLP based in Houston."The same phenomenon occurs in a deposition. Awareness of how you are being assessed at all times, and the image that is needed, is important since a negative impression by jurors can have a detrimental effect on a physician's case.
"The judge admonished the doctor several times and said, 'Doctor, you're raising your voice. You'll get a chance to speak with your attorney during the break,'"Flynn recalled."The doctor refused to stop talking, and the judge told him in front of the jury to go sit in the back of the courtroom. His reaction was, 'Why do I have to move?! I need to sit here!"
Fortunately, the physician's legal case was strong, and the experts who testified drove the defense's side home, Flynn said. The surgeon won the case.Other, more subtle behaviors — while often unintentional — can also be damaging. "At the Daley Center in downtown Chicago, there are these long corridors and long line of windows; a lot of people will stand there during breaks. A doctor may be talking to his or her spouse and saying, 'Yeah, this juror is sleeping!' Jurors are [often] looking for drama. They're looking for somebody letting their guard down. Hearing a doctor speak badly about them would certainly give them a reason to dislike the physician.
"For instance, a defendant might say, 'Well, let me make this simple for you,' as if they're talking to a bunch of schoolchildren," he said."You don't know who's on the jury. That type of language can be offensive."
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