We covered the verdict two years ago, noting an editorial that said “Pundits have argued that real tort reform will only come when the lawyers start suing the other lawyers…. that time has arrived.” But the Mississippi Supreme Court held that the lawyers had not committed malpractice as a matter of law.
Perhaps correct, and I shed no tear for the plaintiff’s loss of a windfall. But it sure would be nice if doctors got the same benefit of the doubt. Instead, when medical experts differ over whether a doctor acted reasonably, courts throw up their hands and decide it’s okay for a jury to decide. Lawyers seem not to have to worry about being held to that sort of second-guessing standard. (Baker Donelson Bearman & Caldwell, P.C. v. Muirhead, 2006 WL 177593 (Miss. January 26, 2006).) David Rossmiller discusses the case, but dodges all of the substantive issues.