Penn State Law and Medical Students Participate in Mock Trial

The trial involved a fictional character Dr. West, played by Emily Sim, a fourth year resident in a dual program of internal medicine and pediatrics at Penn State Children's Hospital. Third-year law student Bekah Saidman-Krauss cross examined Sim. Gildin served as judge.

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The case at hand? Dr. West stood accused of failing to properly place a child's breathing tube during a busy night in the emergency room. Per the article, the plaintiff claimed that as a result of West's actions, the child sustained massive brain injury from oxygen deprivation.

Sim/West was quoted as saying on the stand, per the article: “Yes, I moved the tube. Why wouldn't I? There's no reason for me not to move it. She's four. She was the sickest patient I had that night. Nobody is comfortable with an oxygenation level of 78 percent.”

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Part of West's defense included the assertion that the tube had indeed been misplaced at first, but that it had been corrected, just not documented. In addition, the defense argued that the child had other injuries including the one that landed her in the ER, which could have contributed to the brain damage.

Sim was quoted as saying: “Communication is so important. Explaining why I did what I did on the stand was just as important as the communication between a parent and doctor.”

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Eight nursing graduates served as jurors. Bonnie Weaver, a nurse educator at Penn State Milton S. Hershey Medical Center, praised the experience as unique and educational. The jury found West negligent by unanimous vote, but found as well that the negligence had not substantially contributed to the child's injuries.

Following the mock trial, Gildin offered the following question for discussion: “Is trial by jury the best way to remedy alleged medical errors?” The discussion among the physicians, nurses and law students included the strengths and weaknesses of the trial system and alternatives, including juries made up of entirely doctors.

To prepare for the mock trial, residents and law students met both in person and via videoconference to help each other understand some of the realities of practicing medicine, as well as the functioning of the legal system.

Wassner, a professor of pediatrics who specializes in kidney disease at Penn State Hershey Children's Hospital, was quoted as saying: “Physicians in general and pediatric residents in particular have very little knowledge about the medical interface with the legal system, and I wanted to see how we could try to improve that.”
Professor Gildin is recognized as one of the nation's leading teachers of advocacy skills. He currently serves as director of the Center for Public Interest Law and Advocacy at Penn State University.

Founded in 1834, Penn State University Dickinson School of Law is also known as Penn State Law. The school has facilities in both University Park and Carlisle, Pennsylvania. Over the past few years, Penn State University has invested over $150 million into Penn State Law's faculty, facilities, and clinics.

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