An Ogden man sued an Ogden area doctor for medical malpractice.  In the case, John Lyon alleged that Dr. Donald Bryan, M.D. failed to diagnose a blood clot that eventually broke lose and caused a pulmonary embolism.  Lyon had a different medical doctor provide expert testimony at trial that Dr. Bryan was negligent and that the negligence caused the pulmonary embolism.  Dr. Bryan did not offer an evidence to dispute that.

The jury found that Dr. Bryan was negligent but that the negligence did not lead to any injury.  As a result, Dr. Bryan won the lawsuit.

I’ve heard that plaintiffs lose 80% of medical malpractice lawsuits in Utah.  Many may say that is because most suits are frivolous.  I don’t think it is fair to say that a suit is frivolous when the only third party medical evidence offered at trial favors the plaintiff.  Instead, I think something else is at work.

Jurors are afraid of losing access to medical care.  As a result, they are willing to give doctors the benefit of the doubt.  Even when they have to ignore the only evidence presented at trial.