Practical Reviews

Defense Team Wants Smart Jury, Unbiased Judge


Dr Dillavou was a defendant doctor in a medical malpractice case in which the plaintiff with chronic limb ischemia lost a leg after prolonged attempts to save it. Here, she shares her experiences regarding jury selection and the judge. Jury Selection: I was present during the jury selection, but I did not actually participate in this process. The jury that was selected was about half men and half women with ages ranging from the mid-20s to retired. I believe all jury members were white, which is not atypical in my county. Most jury members were college educated, and a few even had some remote health care background. My lawyers' main goal in selecting the jury was to find a jury that could understand the complexities of the case and not just be overwhelmed by sympathy for the plaintiff. Although the judge will instruct the jury not to be sympathetic, it is hard not to have some empathy for someone who has been injured when making a decision about what to do for that person. Judge: It more...

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