Page 48 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

 Voir dire

 Opening statements

 Plaintiff’s evidence (proof)

 Defendant’s evidence (proof)

 Closing arguments

 Verdict

We will examine each component in greater detail.

Voir Dire

Voir Dire – a French phrase that means “say (or

speak) the truth”.

is the preliminary examination process
In the trial, voir dire
whereby the attorneys and the trial judge determine who will

serve as the jurors to hear the case. This is known commonly

as jury selection. Its purpose is to determine whether a
potential juror has a conflict or a preconceived bias that would

prevent that person from hearing and deciding the case. This
is accomplished through a series of oral questions asked in

open court. Each potential juror is expected to truthfully
answer every question they are asked.

The defense would like to have a jury that is perceived to be as

favorable to their side as possible; but that is the opposition’s
goal as well. In the end, you hope to have a jury that is fair and

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