How to Fool a Jury (Is It Insurance Fraud?)
Cross-Posted from New York Personal Injury Law Blog:
This is a lesson on how to fool a jury. And how to get caught. It's about doctors and lawyers and ethics that belong in the sewer. It's about potential insurance fraud. And it is an exposé of a very seamy side of personal injury trial practice. And I will name names. It might be the most important post I've made since I started blogging, and it comes out of a Manhattan trial that just concluded.
The story emerges because doctors who performed "independent" medical exams in a personal injury case were told, in writing, to game the system. A document was discovered in the file of a neurosurgeon that included this: If prognosis appears good, then state that - otherwise be silent.