The Iowa Supreme Court says a Des Moines doctor who helped a juror during his malpractice trial should have to be retried after the verdict came back in his favor.
Doctor John Sweetman and Doctor Jennifer Booth were accused of malpractice after Booth performed a hysterectomy on Mary Jack in 2009. Sweetman an anesthesiologist was accused of malpractice in inserting an IV in Jack’s arm during surgery.
During their trial, a juror fainted and Sweetman went to her aid. The juror was removed, and the district court allowed the trial to continue even though Jack’s attorney’s request a mistrial, saying Sweetman’s action could influence the jury.
The jury ruled in favor of the doctors, but Court of Appeals ruled they both should be retried. The Iowa Supreme Court ruled that Dr. Sweetman’s action should not have impacted the case against Dr. Booth, and says Booth should not be retried, but Sweetman should.
Here’s the full ruling: Doctor trial ruling PDF