Winning Trial Strategies

How to Win Over Jurors Who Demand More Proof than the Law Requires

byHoward A. Janet, Author-Lead Chapter

Representing Plaintiffs in Medical Malpractice Cases provides an authoritative, insider’s perspective on mounting an effective medical malpractice case. Get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this ever-changing area of law.

(EXCERPT) Representing plaintiffs in medical malpractice claims gives rise to unique and formidable challenges – ones that can stand in the way of achieving favorable outcomes, even in the most meritorious cases. This chapter concentrates on analyzing the challenge I consider to pose the greatest threat to our clients – juror bias in favor of healthcare providers – and on presenting strategies I use to meet that challenge.

Overcoming this bias is vital to securing the “full justice” settlements and verdicts our clients need and the peace of mind they deserve.

Voir Dire—It Will Take You Only So Far

In a perfect world, the voir dire process will facilitate the selection of a completely neutral jury to decide your cases. But we don’t live in a perfect world.

Therefore, you should assume that at least some of your jurors will possess a deep-rooted bias in favor of healthcare providers. That bias can result in jurors demanding more proof from you than the law requires.

Jurors Side with Medical Negligence Defendants in Most Cases

Defendants win more than 75% of medical malpractice trials. This isn’t news to those of us who practice in this area. However, this statistic doesn’t tell the whole story.

What the data doesn’t show is that the best plaintiffs’ cases are settled, not tried. The survey also doesn’t reflect (nor could it) how many cases tried to a verdict would have been won by plaintiffs had they been tried differently or how many would have been won with a different jury.

No matter how you view the data, however, it’s evident there is ample room for improvement on the plaintiff’s side. I’m confident implementing the strategies presented in this chapter will help skew your personal win-loss record in your favor.

*Complete article in Representing Plaintiffs in Medical Malpractice Cases, available through store.Westlam.com and Amazon.com.