Juror Was Treated by Doctor During Medical Malpractice Case
Posted on Aug 20, 2009 1:45pm PDT
In upcoming weeks, Dr. Faranak Argani is expected to go back to court to face medical malpractice charges for the second time. During his initial trial in the Montana Supreme Court, the doctor treated a juror who nearly fainted during court proceedings.
According to news reports, the juror began to feel faint when the attorney for the plaintiff described in detail the wrongful death and autopsy of the plaintiff's husband. When the juror began to feel as if he would pass out, three other jurors who were nurses and Dr. Argani treated him. After the incident, the jury was instructed by the judge presiding over the case to not let the incident impact their deliberations.
After deliberating, the jury ruled in favor of Dr. Argani, which prompted to plaintiff to appeal to the state supreme court. Montana's highest court declared that the medical incident should have triggered a mistrial. Justice Michael McGrath spoke for the majority opinion. He wrote, "the effect of this on a jury is immeasurable, whether or not individual jurors admit it or even consciously know it."
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