Medical malpractice lawyers in New Hampshire are jumping on headlines that for the first time in state history, a jury has ignored a unanimous decision of a medical malpractice panel and awarded $1.5 million to a patient’s family.
 
“The jury’s verdict proves that unanimous unfavorable panel findings against the plaintiff does not mean that the case is without merit,” according to an insurance blog on the NH Injury and Insurance Lawyers website.
 
As reported in the New Hampshire Union Leader, William Landry Jr., 36, died in 2005 of heart disease. From April to September 2004, Landry suffered two fainting spells. But after visiting a local cardiology practice, Landry was reportedly told nothing was wrong with him “from a cardiac point of view.” Lawyers for Landry’s parents, however, argued that the practice did not perform proper diagnostic tests on Landry. An autopsy revealed a lesion on Landry’s heart and a chief medical examiner noted that Landry likely developed heart disease in September 2004.
 
Cardiologist Dr. Alan Gartska and his practice, NH Cardiology Consultants, opted not to settle the malpractice suit after a special medical panel ruled in his favor. The panel’s findings are not binding and can be presented to a jury only if it reaches a unanimous decision – though the system is designed to encourage a settlement.
 
The article in the Union Leader noted that the malpractice panels are often favored by the health care industry but opposed by personal injury lawyers who see the process as an additional step before a case goes to trial.
 
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