Order Allow,Deny Deny from all How does a jury determine if the actions of a doctor were within the standards of good medical practice | Jay Cooper Law Office

Attorney at Law since 1986

Florida Circuit Civil Mediator & Qualified Arbitrator


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Having tried a number of medical malpractice cases to verdict, I still haven’t had the situation where I was allowed to deliberate with the jury. So when you’re asked, “How does a jury make a determination as to whether or not a doctor was negligent?” That is, generally, decided based upon the expert testimony ins a case. If I am operating a motor vehicle and I run a stop sign, everybody who drives is probably in a position to say, “Hey. Jay Cooper ran a stop sign. He was negligent.”

When you have a situation involving a doctor, the stop sign ins the standard of care. Because it is a specialized field where people are practicing as experts in medicine, you have to have experts to lead the jury to the determination that, in fact, a doctor busted the stop sign. That he did something that a reasonable doctor shouldn’t have done. Or he should have done something that a reasonable doctor would have done, but he didn’t do it.