Wichita ? Jury members who decided a medical malpractice case in favor of Wesley Medical Center have been ordered back to be questioned about their deliberations.

Sedgwick County District Court Judge Paul Clark on Tuesday ordered recall of the jury in a malpractice suit by the family of a man who waited more than an hour and a half in the emergency room.

Dick Lee, a 55-year-old smoker, went to Wesley with chest pains on Jan. 5, 2000. A triage nurse classified his case as urgent, not an emergency. Lee died about a minute after going to a treatment room.

The jury found in May that Wesley was not at fault.

The 12 jurors will be asked to testify about their deliberations to determine whether they considered improper factors. The ruling is the first step in considering a new trial.

In deciding to bring the panel back for questioning, Clark considered affidavits signed by some jurors days after their verdict. Some affidavits claimed that deliberations included talk of how a verdict against Wesley might drive up insurance rates. Clark said that “could be misconduct.”

Deliberations also included personal recollections of waits for treatments at hospitals.

Clark had instructed the jury: “In determining whether a nurse used the learning, skill and conduct required, you are not permitted to arbitrarily set a standard of your own or determine this question from your personal knowledge.”