Supco orders new trial in medical malpractice case

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By The Associated Press

Story Published: Aug 17, 2009 at 6:13 PM MST

Story Updated: Aug 17, 2009 at 6:13 PM MST

HELENA - The Montana Supreme Court has ordered a new trial in a medical malpractice case because the defendant helped treat a juror who fell ill during closing arguments.

The opinion, filed Friday, came in Amy Heidt's lawsuit against Dr. Faranak Argani and her employer, Billings Clinic, over the death of her husband, Gerard Heidt.

During closing arguments, Heidt's attorney spoke as though he was Gerard Heidt, describing what he may have been thinking as he was dying, and then began describing being autopsied. One of the jurors said she felt like she was going to pass out.

During a recess, Argani; Heidt's co-counsel, who is also a physician; and three jurors who were nurses, tended to the ill juror, who was then taken to the hospital. The jury ruled unanimously in favor of Argani and the hospital.

The Supreme Court cited cases in Illinois and New York in which a mistrial was required after a defendant doctor provided care for a sick or injured juror in the presence of other jurors.

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