How the Medical “Code of Silence” Affects Child Abuse Litigation

By Gregg Woodnick and Isabel Ranney Despite being the fifth-largest city in the United States, Phoenix only has seven board-certified pediatric orthopedic surgeons, five of whom work at Phoenix Children’s Hospital. Because of their specialty, it is safe to presume that the surgeons all know each other from their professional community and any conferences they […]

Confirmation Bias and Reliability in Treating Healthcare Provider Testimony

Imagine you are a juror in a case involving infant abuse. The treating physician testifies that, when the infant arrived in the hospital, she was covered with large bruises. The doctor then states, “The family was awkward, and the father was visibly irritated.” The family also offered no explanation for the infant’s condition. After accurately informing you that accidental bruising is exceedingly rare in infants, the doctor concludes the infant’s bruising is consistent with trauma caused by a severe beating. He adds: “I see this sort of thing every day, and it’s heartbreaking.”