How common are frivolous medical malpractice claims? (August, 2007, Issue 6)

August 30th, 2007|

Studdert and colleagues (2006) recently analyzed the prevalence, characteristics, litigation outcomes, and costs of medical malpractice claims that lacked evidence of error. Trained physicians reviewed a random sample of 1,452 closed malpractice claims from five liability insurers to determine whether a medical injury had occurred and, if so, whether it was due to medical error...

Does a juror’s gender affect verdicts in gender discrimination cases? (August, 2007, Issue 5)

August 28th, 2007|

Under the law, gender discrimination claims can be made by both women and men, although women traditionally are perceived by jurors as "typical" plaintiffs in such actions. Jurors' own gender can influence their perceptions of the validity of gender discrimination claims. Elkins and colleagues (2001) examined whether a "same sex" bias existed in the evaluation of gender discrimination claims, that is, whether male jurors evaluated claims of male plaintiffs more positively, and female jurors evaluated claims of female plaintiffs more positively...

How impartial are jurors in sex abuse cases? (August, 2007, Issue 2)

August 7th, 2007|

Jurors often have strong attitudes about sex, abuse, and the protection of children that affect their ability to be fair and impartial in sex abuse trials. In 1997, Vidmar observed 849 prospective jurors in 25 Canadian criminal trials involving charges of sexual abuse, noting the percent of jurors self-reporting the inability to be fair and impartial in these types of cases...

Does the severity of a plaintiff’s injury affect jurors’ liability decisions? (August, 2007, Issue 1)

August 2nd, 2007|

Legally, the severity of a plaintiff's injury is irrelevant to decisions about liability. Although injury severity is directly relevant to the issue of compensation, an effect on the prior determination of liability would constitute an extralegal bias. Bornstein (1998) conducted two studies examining whether the severity of a plaintiff's injury affected jurors' verdicts of liability...

Do jury consultants affect verdicts in death penalty cases? (July, 2007, Issue 6)

July 31st, 2007|

Jurors' attitudes about the death penalty are important to the outcome of capital cases and jury selection assistance has a demonstrable impact on sentencing recommendations. Nietzel and Dillehay (1986) report a study that examined the outcomes of 35 capital trials where a jury consultant was used in 17 cases, and no jury consultant used in the other 18 cases...