A Pennsylvania physician claims that an attorney who cried during testimony unfairly tainted his malpractice trial and led to a $1.3 million jury award against him.
Jurors found obstetrician-gynecologist Charles H. Marks, DO, negligent for failing to follow up on a patient's complex cyst and hyperechoic nodule, which resulted in a delayed ovarian cancer diagnosis. But during the doctor's 4-day trial, several parties had emotional outbursts in front of the jury, including the plaintiff's' attorney, a physician expert witness, the patient, and a family member.
According to trial transcripts, a gynecologic oncologist expert began crying on the stand after providing a clinical description of the symptoms that plaintiff, Chasidy Plunkard, would probably experience leading up to her death. When asked how long the patient had to live, the oncologist said "months" and later added, "I think she is living for this trial."
After these comments, Plunkard's attorney, Kila Baldwin, also began crying and requested a break to regain her composure, according to district court documents. During the 3 minutes the attorney was gone, the courtroom was silent other than the sound of Plunkard and her cousin sobbing.
The following day, US District Judge Jennifer P. Wilson warned Baldwin that she would consider declaring a mistrial if the outburst happened again, according to trial transcripts.
