Epilepsy Talk

Judges reveal secrets for a doctor’s malpractice success

When it comes to the outcome of a medical malpractice jury trial, a physician’s attitude, demeanor, and presentation make all the difference, say judges who’ve presided over many such cases.

So, here’s a look at the other side…

“The fact finder has to look at them and find them credible and sincere when they’re hearing their story,” said Lorenzo F. Garcia, chief magistrate judge emeritus for the U.S. District Court for the District of New Mexico.

“There’s truth and there’s perception, and perception can trump the truth. In litigation, being right isn’t always good enough.

You can be right in a claim or right in a defense and still lose if the fact finder doesn’t believe the testimony or dislikes a person, witness, or an attorney.”