Page 49 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

impartial in listening to the proof and that will decide the case

based upon the law and instructions of the court.

At the outset, the trial judge will ask questions to determine if
anyone has a conflict of interest that would prevent them from

serving. Relatives or close friends of the parties, their
coworkers/employees, and patients of the defendant(s) are

examples of persons who would likely be excluded based upon

a conflict of interest. The judge will also ask if anyone has any
scheduling conflicts that would prevent him or her from

attending every day of the trial until its conclusion which could

include the need to be home to care for a small child or an
invalid relative. Potential jurors who are dismissed because of

a conflict of interest are dismissed ‘for cause’.

After the trial judge has initially questioned the potential jurors
to eliminate those who have conflicts, the attorneys for the

respective parties begin their own examination. Because the
plaintiff always has the burden of proof, the plaintiff’s attorney

is permitted to present their side of the case first. This includes
during voir dire.

After the first group of 12 is seated in the jury box, the

questioning begins - first the plaintiff’s attorney, then the

defense. The questions asked by the attorneys will be more
thorough than those preliminarily asked by the judge. The

objective is to identify those potential jurors with
predetermined prejudices or bias and eliminate them.

Jury selection is a science and an art. It is usually a

combination of psychology and ‘gut feeling’. Sometimes expert

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