Parties to a medical malpractice trial seek fair and impartial jurors to render a verdict. Jurors must decide a case based on the evidence presented and the court's instructions. A juror's impartiality serves as the bedrock of our civil justice system.
Can You Get an Impartial Jury in the Age of Tort Reform?
In recent years, during <i>voir dire</i>, plaintiffs in medical malpractice cases have sought to ask jurors about their attitudes regarding "tort reform" and the so-called "medical malpractice crisis." These efforts have increased as those issues have moved to the political front burner, receiving considerable media coverage. Only a few courts have considered the validity of such questions, but of those that have, plaintiffs generally have been permitted to inquire as to a potential juror's views on those issues, though some courts have limited the line of questioning.
By
William A. Krais
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