Posted On: February 11, 2008, 1:00 pm CST

Posted By: Dread

Another classic argument in support of moving to a professional, independent jury system akin to Japan's. Being a juror there is a respectable profession that requires education, objectivity, and common sense. The almighty "sympathy" factor in this type of case is a travesty of justice. This is a respected, credentialed, competent OB/GYN who had only been sued once before during a 20 year career. To second guess the performance of her professional services because of a bad outcome is senseless an irresponsible. "should have acted more quickly" is a 20/20 hindsight opinion. The net result is the doctor will now pay higher malpractice rates and have this on her professional record because a jury felt "sympathy". Under the best circumstances, childbirth carries risks and dangers that no medical professional should be charged with preventing. Even when the best medical education and judgment is rendered there may still be a bad outcome. It's becoming all to familiar in our flawed legal system that regardless of liability............someone must pay.