Defending Foreign Born Doctors in Today’s United States, a presentation by Lee Weatherly at the CLM Management & Professional Liability Conference
Lee Weatherly presented at the CLM Management & Professional Liability Conference in Boston, MA on July 27, 2017. His presentation was entitled, Defending Foreign Born Doctors in Today’s United States.
One in four Americans believe that immigrants from other countries mainly weaken American society. Even if this bias has existed to some degree in the past, research and anecdotal evidence shows that jurors are now more likely to publicly express these beliefs and use them to attempt to persuade others. Therefore, the risk of large verdicts against foreign-born defendants, simply due to their birthplace, is now greater than ever. As an increasing number of medical professionals are foreign born, failing to address this issue can be fatal to a defense. Claims professionals and their outside counsel now must determine the best methods to combat this intensifying phenomenon to prevent large verdicts against foreign-born defendants based primarily on their status as immigrants. This presentation focused on identifying jurors that may have difficulty finding in favor of foreign-born defendants and trial techniques to make these potentially hostile jurors more empathetic and accepting. This presentation also focused on best practices for claims professionals when evaluating cases with foreign defendants or key witnesses to reduce unexpected results.