Judicial Malpractice: When Bad Decisions Cost Innocent Lives

In this provocative and legally focused episode of The Dr. Robert E. Marx Show, Dr. Marx tackles a question rarely asked in public discourse: Should judges be held accountable—up to and including malpractice—when their decisions directly lead to harm?

Using a horrific case from Chicago’s Blue Line—where a 26-year-old woman was severely burned after a repeat offender was released despite an extensive criminal record—Dr. Marx argues that the justice system failed at its most critical checkpoint: judicial judgment. Drawing parallels to medical, dental, and legal malpractice standards, he makes the case that appointed judges should not be immune from consequences when they ignore evidence, precedent, and public safety.

Key Segments
1. The Chicago Blue Line Case

A young woman is set on fire in a brutal attack.

The accused had 72 prior arrests and 19 felony convictions.

Just days earlier, a judge declined to detain or institutionalize him—despite clear evidence and a violent assault on a social worker.

Dr. Marx calls the outcome “preventable.”

2. What a Judge’s Job Actually Is

Judges are not there to satisfy prosecutors or defense attorneys—they are there to judge evidence.

In this case, the evidence was undisputed: violent behavior, extensive criminal history, and clear risk.

The judge’s rationale—“I can’t put everyone in jail”—is, in Dr. Marx’s view, a fundamental misunderstanding of judicial duty.

3. The Case for Judicial Malpractice

Dr. Marx outlines how malpractice works in medicine—and why the same framework could apply to judges:

Standard of Care: What would a reasonable professional do in the same position?

Breach: Ignoring overwhelming evidence and risk.

Harm: A violent act resulting in catastrophic injury.

Accountability: Doctors, nurses, dentists, and lawyers face malpractice—why not judges?

He proposes that appointed judges carry malpractice insurance and be subject to civil action when decisions cause foreseeable harm.

4. Why This Hasn’t Happened Before

Judicial immunity has historically shielded judges from civil liability.

Dr. Marx argues that immunity should not cover gross negligence or reckless disregard.

“Nurses don’t make a lot of money either,” he notes, “and they still carry malpractice insurance.”

5. Patronage, DEI, and Appointments

Dr. Marx reflects on Chicago’s long history of political patronage.

Argues that merit-based appointments, not ideology or identity, must determine who sits on the bench.

Calls for higher credentialing standards for judges—comparable to board certification in medicine.

6. What Can Be Done

Vote for leaders who prioritize merit and accountability.

End appointment systems driven by patronage or ideology.

Demand transparency and consequences when judicial decisions cause real-world harm.

Pull Quotes

“Judges judge evidence—not excuses.”

“If a doctor made this decision, there would already be a lawsuit.”

“Immunity should not protect incompetence.”

“Standard of care doesn’t end at the courthouse door.”

Listener Takeaways

Understand how judicial discretion can directly affect public safety.

Learn how malpractice standards work—and why they could apply beyond medicine.

Recognize the risks of unchecked judicial immunity.

Advocate for merit-based appointments and real accountability in the justice system.

Links & Follow

Website: https://drrobertemarx.net

X (Twitter): https://twitter.com/remarx_facs

Facebook: https://www.facebook.com/profile.php?id=100091526944108

Rumble: https://rumble.com/user/Rmarxfacs

Radio Syndication: https://amfm247.com/amfm247/

Spotify Hub: https://podcasters.spotify.com/pod/show/robert-marx

Disclaimer

This episode reflects the opinions of the hosts and guests based on publicly reported events and professional experience as of December 3, 2025. It is not legal advice. All individuals are presumed innocent unless proven otherwise. Listeners are encouraged to consult qualified legal professionals and review official court records for specific cases.