Defendant Treated Juror During Medical Malpractice Trial
Thursday, August 20, 2009
Dr. Faranak Argani is going back to court to face charges of medical malpractice after the Montana Supreme Court ruled his first trial should not have continued after he assisted a juror who nearly fainted. During the trial, the attorney for plaintiff Amy Heidt described the death and autopsy of her husband to the jury, which caused one juror to almost pass out. Three nurses serving on the jury, and Argani, treated the juror, who was then instructed, along with the rest of the jury, by the trial judge not to let the incident affect their deliberations. The jury eventually ruled in favor of Argani, prompting the plaintiffs to appeal to the state supreme court.
Montana’s highest court ruled that the real-life medical drama should have triggered a mistrial. “The effect of this on a jury is immeasurable, whether or not individual jurors admit it or even consciously know it,” wrote Justice Michael McGrath for the majority opinion.
-Noel Brinkerhoff
Courtroom Drama Should Have Triggered Mistrial, Court Rules (by Jeff Gorman, Courthouse News Service)
Supco Orders New Trial in Medical Malpractice Case (Associated Press)
Heidt v. Argani (Montana Supreme Court)
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