Washington Injury Law Blog

Last week I wrote about a Spokane Washington Medical Malpractice case in which the Plaintiff’s attorney (who is of Japanese decent) had asked for a new trial following a verdict against his client.  The attorney requested the new trial because multiple members of the jury made racially discriminatory comments about him. Spokane County Judge Robert Austin agreed and has ordered a new trial due to the juries improper conduct during deliberations according to reports in Seattle PI.

Judge Austin was surprised upon hearing such conduct had happened.  During a hearing to decide if a new trial was justified Judge Austin commented that “We’d hoped we’d moved beyond this, and we apparently have not. It’s upsetting.” The remarks of “Mr. Kamikaze,” “Mr. Miyashi,” and Mr. Miyagi” were expressions of prejudice and Judge Austin could not rule out jury misconduct influencing the verdict. He therefore ordered a new trial. Justice has prevailed and the right thing has been done.

There is no place for racial prejudice or discrimination in the jury room. The U.S. Constitution’s 6th and 7th Amendments guarantee a right to trial by jury.  The right to a fair and impartial jury is a founding principal upon which the United State of America was formed. I firmly believe we must do all that is necessary to maintain the integrity of the juries in this great country. I applaud Judge Austin for doing the right thing and what was necessary in this unfortunate jury bias case.

Former Seattle Seahawk Shawn Springs’ mother has filed a medical malpractice case against two Texas doctors who performed a surgical procedure on Shawn’s father Ron Springs. Shawn’s father also played in NFL player for the Dallas Cowboys. One of Ron’s former teammates Everson Walls donated a kidney to Ron in an inspirational gesture last March. A wonderful story appears to have ended in a tragedy.

Mrs. Springs’ lawsuit alleges Ron went in for a follow up procedure to remove a cyst on his arm in October 2007 and he came out of the procedure in a coma. Ron has been left in a state of physical and mental incapacity. The hospital and doctors apparently have refused to explain want happened prompting the medical malpractice lawsuit.

I have no information about the validity of Mrs. Springs malpractice case. It could have great merit or not. What I do know is that the public often has a distorted view of medical malpractice cases. The media loves to air stories about celebrities or huge verdicts. However the reality of the complex area of medical malpractice law is a much different picture. Many malpractice plaintiffs never recover a dime. Studies have shown that over 50% of the time doctors win a medical malpractice case taken to a jury trial.

It’s the doctors and hospitals little known secret of medical malpractice cases that they’re more often than not the winner of these lawsuits. Injury victims have big obstacles to overcome in proving a doctor or hospital committed a medical error that shouldn’t have happened. Plus these cases commonly cost a small fortune to prosecute. It’s a sad fact that only patients who suffer a significant injury as a result a doctor or hospital error can find an attorney to take their case. The cost to bring a medical malpractice case limits many attorneys to only accepting the most severely injured patients, while patients with minor injuries are often left with little options. 

Don’t buy into the media hype and publicity regarding medical malpractice cases. The truth is that these cases are some of the most difficult an attorney will ever handle and the patient will more often than not be the loser. If you believe you have a medical malpractice case it’s imperative that you speak with an attorney who is experienced with medical malpractice cases in your area.  

A Spokane attorney is alleging a jury that returned a malpractice verdict against his client was racially biased according to reports in the Spokesman-Review.  Two jurors came forward to report that 5 other jurors during deliberations referred to plaintiff’s attorney Mark D. Kamitomo by several improper names such as “Mr. Kamikaze,” “Mr. Miyashi” and “Mr. Miyagi.” Mr. Kamitomo has requested a new trial for his client based on the jury’s racial bias. The trial judge is scheduled to decide if a new trial is needed on January 25th.

As a Kirkland, Washington car accident attorney I firmly believe everyone should go to jury duty when called. My wife is often amused by my passion and futile efforts to get on a jury. I’ve been called for jury duty a few times but haven’t been lucky enough to be selected to serve as a juror. Attorneys generally believe that because I’m a trial lawyer that I’m biased against one of the parties or I’d have too much influence of the jury. All potentially valid points but still disappointing.

I’d love to know more about what happens when a jury is deciding the case behind closed doors. What are the dynamics, what types of people end up as discussion leaders, who are the quiet listeners, how is the evidence reviewed, did the attorneys effect the jurors in anyway, and so many other questions I have. But alas, I’ve come to grips with the fact that I will likely not be on a jury in my working life.

Friends of mine often ask me how can they get out of jury duty. My response is usually something like “it is your civic duty as an American and our justice system depends on you going to jury duty.” Needless to say they usually roll their eyes at me, but I explain that as a Washington trial lawyer my clients depend on the jury system to help them. When insurance companies or big corporations abuse the little guy its the jury that equalizes the system for all. That’s why its so concerning for me to hear of any kind of racial bias or discrimination used by jurors. 

The American justice system in my opinion is the best in the world. That’s not to say its perfect because it certainly is not. But we do our best to correct mistakes and improve as we go. That is why it is so important you do your part and go to jury duty when called. My clients need you, I need you, and our justice sytems needs you. Please help us.

If called to jury duty please go, keep an open mind, and help maintain one of the foundations of this great country the American justice system.