Page 51 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

Once the jury has been selected, the judge will swear in the

jurors and give them their instructions. The primary instruction
the jury will be given as far as the defense is concerned is to

not make up their minds before they have heard all of the

evidence. This instruction is significant because, as you will
remember, the plaintiff puts on their proof first. Unfortunately,

in spite of this instruction, many jurors form an initial opinion of

the case during the voir dire or the opening statements phases.
It is, therefore, of the utmost importance that the physician

present well to the jurors during these early phases. Do not
appear disinterested or angry, or make faces (scowls) while

the plaintiff’s attorney is talking. Be attentive and engaged, but
don’t be feverishly taking notes. Do not stare at the jurors, but

do make eye contact. The jury must believe you have nothing

to hide. Your defense attorney will advise you during your
preparation sessions as to how to best present yourself even

when you are not testifying.

Opening Statements

The attorneys for each party will have the opportunity to

present a summary of the facts to the jury to inform them of
what proof they can expect to hear. This is known as opening

statements, and they set the stage for the trial. Note that these
are supposed to be statements based upon the facts, not

argument or opinions by the attorney. Very few attorneys
follow this rule – they intertwine argument with facts and

interject opinion in an effort to preliminarily sway the jury in

their client’s favor. Remember, jurors may form an opinion in
the voir dire and opening statements phases.

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