Trial
Medical Malpractice Reform Efforts In Detail
- Set your focus. More than particular details, have in mind the overall theme and demeanor that you wish to maintain in the trial. Also have a list of the key points you want to make and the key confusions you want to avoid. Finally, you cannot review the chart often enough.
- Dress is often a question, and the usual advice is to be professional and conservative. It is probably best to avoid pricey accessories.
- Jury selection. Trail lawyers are quoted as saying the jury selection determines the outcome. Many potential jurors will be eliminated by criteria of profession or attitude in questions. However there are a small number of jurors either side can reject without a specific reason. Your attorney and you will make these decisions, but some principles apply generally. Jurors who indicate they make held strongly held opinions may be a cause of concern because they may be more wed to a strong opinon than a direction. Usually the number of jurors chosen is two more than the number needed, in order to have alternates.
- Opening statement.. Here each side presents essential facts and points. The attorney needs the jury to identify with him as well as his client.
- During the days of the trial your presentation needs to be credible, and aimed to have the jury feel that they would want you as a physician for their family. Many of the clinical details presented are not necessarily easy for even a medical student or resident to remember. And what the jury holds onto and puts weight on can be a mystery. Try to have a focus on what stays and sticks in the jury box.
- Closing statements are again trying to communicate themes and key facts. Generally the plaintiff has the last presentation.
- The judge's charging of the jury is more than just a routine. The judges' decisions, including whether to allow additional factors such as punitive damages, play an important role.
- The jury's deliberations can take half a day or several days. Most commonly this runs in the range of one to two days.