New York Malpractice & Injury Lawyer Blog
A medical malpractice trial involving the family of a woman who died shortly after childbirth came to an end last week. The judge in the trial declared that it would stop after an attorney made a statement suggesting that the doctor involved in the case had played “Russian roulette” with the young mother’s life. The doctor was on the witness stand at the time of the statement and broke down as a result.
Dr. Lucinda S. Antosh was one of the doctors who treated Candice L. Perrillo, 25, in the days after she gave birth. The doctor testified that she had acted appropriately, but she also admitted to not ordering necessary tests or reviewing the patient’s full medical history.
The judge emptied the courtroom and admonished the attorney for the statement. The judge then ordered a mistrial, forcing both sides to come together for a new trial at a later date with new jurors. The judge stated that there was no purposeful decision made to inflict harm upon the patient on the part of the doctor.
While the judge could have given the order for the jury to disregard the statements, he apparently believed what the attorney said was inflammatory in nature.
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