Letters Section Editor: Stephen J. Lurie,
MD, PhD, Senior Editor.
To the Editor: To better understand the surprising
jury verdict described by Dr Merenstein,1 we
interviewed the lawyers and the judge in his case, reviewed the lawyers' proposed
jury instructions and the parties' written submissions to a pretrial review
panel, and read notes of the lawyers' interviews with 3 jurors (including
the foreman). Our assessment is that Merenstein is unduly pessimistic about
the role of EBM in medical malpractice cases.
Hall MA, Green MD, Hartz A. Evidence-Based Medicine on Trial. JAMA. 2004;291(14):1696-1698. doi:10.1001/jama.291.14.1697-c