Monday, December 21, 2009

Adventures in Jury Duty

The Case of the Missing Testicle. Yes, you read that right. I was on a consumer fraud case against a doctor because of a missing testicle. After it was all over the judge told us that this case was an anomaly, the only time this type would be tried in the state of Kansas. Because of malpractice laws, doctors are not governed by the Kansas Consumer Protection Act. The Kansas Supreme Court changed this law. Shortly thereafter, legislation was passed to change this back. In this time frame, the case was filed against the surgeon, malpractice and consumer fraud. The first judge tried the malpractice case, but threw the consumer fraud out because of the law. However, when it went through the appeals process, it was discovered that it could be tried as consumer fraud. It took two days to select a jury. Everyone who knew anyone who had ever had surgery performed by this doctor was released. Anyone in the law field every represented by anyone of the four attorneys was released. Anyone in the medical field was released. I knew within two hours I was sitting in the jury box. All former malpractice cases were allowed as evidence. (And this malpractice case was found in favor of the doctor when it was tried several years ago). But ultimately, we had to decide if a statement was actually made by the doctor, and if so, was it made with the willful intent to harm the patient or defraud him. Seven and a half days of trial, one hour of deliberation to find in favor of the doctor.
It was an interesting process, full of colorful people. I am always willing to perform my civic duty, but I am certainly relieved to know I won't get called again for a year. I do get full pay from my employer, and JACKPOT!!! I get to keep my jury pay too. I didn't know if I would have to turn that in or not.
I am really glad to get back to my normal schedule. It's just unsettling to be involved in something that pretty much controls your life and you have no idea when it will be over. There was one day where I was sure we would be there till Christmas. I was very discouraged.
I understand the reason you are not allowed to talk about these cases, because I talked to one of Steve's friends who is very familiar with the situation the patient was in and that would have been information I didn't previously know that would have affected my judgment. In addition, another of Steve's friend is an anesthesiologist and he was waiting to hear details about the case and when I told him, he was actually in surgery with the surgeon that had been the defendant. His opinion of the surgeon would have also affected my judgment.
To see the inside of the legal system was a new experience and one I'm glad I got to be part of, now that it's over and I understand all the delays, which were caused by the fact that it was a one time case, there was no precedence, so there was nothing prior to look at. At the time, it was just frustrating to show up for 8 hours of jury duty and sit for 4 hours (in the jury room) of it while they listened to motions and determined what evidence was allowable and what the jury could hear.
I really hated having to decide for one or the other. It really was a no win situation, not a guilty or not guilty, just a decision so everyone could get on with their lives.

No comments:

Post a Comment