|
Amid accusations of jury tampering by a
doctor's wife, a mistrial was declared Wednesday in a medical
malpractice case in
Lackawanna County Court
.
Elizabeth Caucci
of Clarks Summit, wife of Dr. David J. Caucci, wrote a letter to
the editor published in The Scranton Times on Tuesday -- the first
day of her husband's malpractice trial -- suggesting that
malpractice lawsuits are having a harmful effect on local health
care.
Judge Trish
Corbett said it was hard to believe Mrs. Caucci didn't know the
letter would be published during the trial, and granted a request
from the plaintiff's lawyer
Michael J. Foley
to declare a mistrial.
Judge Corbett also ordered Dr. Caucci to pay -- out of his pocket
-- the legal fees to date for the plaintiffs, Lawrence and Louise
Mekic. Those fees were not disclosed Wednesday.
The Mekics sued Dr. Caucci in 2001, alleging that he failed to
diagnose a torn ligament in Mr. Mekic's knee that he suffered in a
1999 fall from a forklift. Mr. Mekic, 55, is now disabled and no
longer works as a foreman on a rigging crew. He can walk but not
run.
Judge Corbett said Mrs. Caucci is entitled to her opinions and to
publish those opinions, but writing a letter to the editor on the
eve of her husband's trial "absolutely would taint the
jury," according to a transcript of the proceedings.
In the letter, Mrs. Caucci identified herself as president of the
Lackawanna County Medical Alliance, the spouses' auxiliary of the
county doctors' group.
Deputy Court Administrator James P. Minella said there have only
been 10 civil mistrials in his 26 years at the courthouse. The
last was declared last year by Judge Carmen Minora, he said.
Attorney Jack T. McGrath of
Scranton
, representing Dr. Caucci, did not return two telephone calls
seeking comment. Dr. Caucci's
Scranton
office was closed Wednesday; a message left with his answering
service was not returned.
|
