Voir Dire Lessons from Trial: Defense Perspective

Earlier this week, in a medical malpractice wrongful death trial in Gainesville, the defense lawyers did a very thorough job questioning the prospective jurors during voir dire. Below are a few of the questions they used to evaluate the panel from the defense perspective.

• Defendant, Mrs. X, represents the hospital. She has a right to be in the courtroom. She has a right to defend herself. She says she didn’t do anything wrong. How many of you have an issue with that?
• Do you think the plaintiff has a valid claim just because we are here in the courtroom today?
• Can you listen to all of the evidence and judge the truth?
• Do you agree that medicine is not a perfect science and despite health care professionals’ best efforts, people sometimes die?
• Do you have an axe to grind with a doctor or other medical professional based on a personal experience? Tell me about it.
• Do you have any personal experience with death and has the passage of time helped you cope with that experience?
• What does the bumper sticker on your car say?
• How do you receive the news? What TV station do you watch?
• The Defendant always goes second in every aspect of trial. Do you have any problem with waiting to hear from us before you make up your mind?

(This post was prepared by Kimberly L. Wald, Esq. For more information, please contact Kim at klw@kulaw.com or 954-522-6601).