Case closed – My jury duty experience
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My Jury Duty Experience:
Having been on jury duty for the past month, I really don’t even know where to start. I suppose I should begin explaining the case…
In 1997 a mother took her son to the doctor with high fever and diarrhea. At that time a CT scan was taken. Although there was a bit of shadow on the CT scan, it was read as normal. The radiologist noted that while there was a suggestion of an abnormality, an MRI should only be ordered if clinically indicated.
According to hospital charts, the child continued to have fevers, but the spikes were decreasing and he had periods of playfulness and orientation.
The following morning, the Mother noticed the child wasn’t responding and had a ‘glazed look.’ Alarmed, she called for the nurse. The doctor was made aware of the incident and continued treating the child for a variety of different scenarios.
The mother wanted to transfer the child to another hospital — one that specialized in pediatric care.
The Mother took the CT scans to the new hospital. At this hospital, the films were also read as normal. NOTE: CT scans were also read as normal by several expert witnesses in court, and even those who noted the abnormality said it could be due to a variety of things and ordering an MRI would only be recommended if the child’s clinical picture was getting worse. In addition, those who noted the abnormality on the CT scan also admitted that reading the CT scan as normal would not fall below the standard of care.
The child continued to be lethargic, irritable, with high fevers, but also had moments of orientation, playfulness, “strolling the halls,” and smiling.
A few days later, after the fevers hadn’t subsided and when a spinal tap came back with concerning results, an MRI was ordered. At that time the child was diagnosed with Herpes Simplex Encephalitis. The child’s brain had been damaged, in the same exact spot the abnormality was originally identified. The child, now 15 years old has severe brain damage and will never be able to live independently.
While this is extremely devastating and an extremely unfortunate situation, there was not enough evidence against the doctor, or the hospital. In hindsight, it would have been nice if an MRI was ordered from the beginning, but the child did not fit the clinical picture of the disease. Those with Herpes Simplex Encephalitis have persistent fever, persistent irritability and seizures. The child not only did not have a seizure, but also had periods of waxing and waning, where the fevers subsided and he was “smiling” and “strolling the halls.” Thus, ordering an MRI was not clinically indicated. If anything, the child appeared to be getting better. (They almost discharged him).
So while this was an incredibly emotional case, and I really felt for the mother, we couldn’t hold someone accountable who wasn’t at fault. Each doctor was doing everything they could for this child. They were doing their jobs. This was just a very rare case and an extremely unfortunate situation. There was not enough evidence that the doctor or the hospital fell below the standard of care.
I cannot tell you how terrible it was to be in that courtroom when the verdict was delivered. I couldn’t even look at the mother.
That being said, I could only imagine how relieved the doctor is whose reputation has been on the line for more than 10 years — yes, this case has been going on for that long.
In fact, the judge informed us that the same case went to trial in 2007. The jury can back with the same verdict, but the plaintiff requested an appeal, which is why the case was brought to trial again. I’ll admit it made me feel a lot better once I knew another set of jurors came to the same conclusion — it verified that we did indeed make the right decision.
I suppose no one will ever know what truly happened, who was truly at fault, or how the outcome may have been different – but there was simply not enough evidence to prove anyone fell below the standard of care.
I hope and pray that the mother will be able to find closure and wish her and her son all the best — I know I will never forget this case…
I feel honored to have served my jury duty and think that with our rights as Americans come great responsibilities. I was happy to do my part in the justice system and am proud to say I did my due diligence in weighing both sides, having an open mind, thinking critically and looking at the evidence.
How many of you have served your jury duty? How was the experience?
10 Responses to “Case closed – My jury duty experience”
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