Alicia Gallegos
MedScape.com
Originally posted 2 Feb 24
Here is an excerpt:
Why Are Juries Awarding Higher Verdicts?
There's no single reason for the rise in nuclear verdicts, Henderson said.
One theory is that plaintiffs' attorneys held back on resolving high-dollar cases during the COVID pandemic and let loose with high-demand claims when courts returned to normal, he said.
Another theory is that people emerged from the pandemic angrier.
"Whether it was political dynamics, masking [mandates], or differences in opinions, people came out of it angry, and generally speaking, you don't want an angry jury," Henderson said. "For a while, there was the halo effect, where health professionals were seen as heroes. That went away, and all of a sudden [they] became 'the bad guys'."
"People are angry at the healthcare system, and this anger manifests itself in [liability] suits," added Bill Burns, vice president of research for the Medical Professional Liability Association, an industry group for medical liability insurers.
Hospital and medical group consolidation also reduces the personal connection juries may have with healthcare providers, Burns said.
"Healthcare has become a big business, and the corporatization of medicine now puts companies on the stand and not your local community hospital or your family doctor that you have known since birth," he said.
Plaintiffs' attorneys also deploy tactics that can prompt higher verdicts, White said. They may tell a jury that the provider or hospital is a threat to the community and that awarding a large verdict will deter others in the healthcare community from repeating the same actions.
Juries may then want to punish the defendant in addition to assessing damages for economic harm or pain and suffering, White said.
