The medical industry controlled Ky senate thinks that juries are not capable of fairly deciding whether to award damages to injured victims or mistreated nursing home residents. As a result, the senate passed a bill that requires many, if not all, medical related negligence claims be submitted to a medical review panel before an injured person seeks damages in court.
Do these industry senators believe that juries are too stupid to render a fair decision? Or is it because they fear that juries are too smart to be fooled by a gaggle of experts hired by the insurance companies and medical industry providers?
Juries have the benefit of reviewing witness testimony, documents and any other evidence before rendering a decision. This works remarkably well.
Medical review panels would be comprised of medical experts that many times are the same people that would render opinion testimony before a jury. However, the panel would review the case before the facts and evidence are developed.
Then what would the panel review?
A panel's decision would be based on the evidence before it. I fear that in most cases that evidence would be comprised of the medical records provided by the person that has injured or mistreated the person. If true, then how could such opinion mean anything?
To render a fair and accurate opinion, the records would need to be a complete and accurate record of exactly what happened.
Does anyone believe that the party being sued would provide evidence favoring an injured party? Further, would some defendants alter or withhold records?
An honest review panel could only render a fair opinion if the record is complete and accurate. And trust me, it rarely is.
The reason rich and powerful people and corporations fear juries is because the courtroom is the only place where a normal person may have the chance of a level playing field. A chance for justice.
The Founding Fathers of this country believed that a jury comprised of members chosen by opposing parties were the most likely to honestly and accurately render a decision resolving controversies.
Not lawyers, not doctors, but a jury of people. The founders knew that a jury could be most trusted to seek the truth and do justice. A lawyer I worked for named Bob Sanders taught me that.
Medical review panels are nothing more than another example of the rich and powerful trying to take away a persons right to fairness and justice.
The medical and nursing home industries are, sadly, about profit, and not people.
The Founders knew whom to trust.
Jeffrey R. Morgan