Why winners win: decision making in medical malpractice cases

Abstract

A high percentage of physicians will, at some time in their careers, face a lawsuit, possibly finding themselves in the courtroom even when they have not made a medical mistake. Despite the presumption that juries are biased in favor of injured plaintiffs, physicians win most of their trials. Why this occurs and how juries make their decisions are topics of ongoing interest. Research has been done on jury decision making, including what, if any, the roles of race and sex play in the process. It is essential that those who enter the courtroom understand both the power they have to influence the outcome of their own trials and why it is that issues of character continue to be so important to juries.