Research indicates that minorities often receive substandard healthcare due to systemic shortcomings in resource allocation. In the courtroom, this reality may predispose jurors to believe that medical errors are more likely to occur in underserved areas. Such perceptions can lead jurors to deliver verdicts that aim to compensate for systemic failures, thereby attempting to restore justice — i.e., “set things right”.
Successfully defending health care providers in medical malpractice cases requires a trial strategy that addresses these inherent biases. To counteract pre-conceived prejudices, we advise our clients to start early in the litigation, with the following best-practices:
- Choose a medical expert who not only supports the medical provider on standard of care but also addresses the socioeconomic environment and identifies factors not in the provider’s control (e.g. state funding, lack of staffing, supply and access to medical resources and testing).
- Highlight the provider’s contributions to society, not only in serving minority populations with accessible healthcare but outside the medical field as well.
- Artfully request voir dire to minimize the number of jurors with predisposed biases related to socioeconomic factors and engage a jury consultant to facilitate those efforts.
- Frame the appropriate narrative during the opening trial presentation to eliminate racial and financial biases.
- At closing, remind the jury of the instruction on impartiality.
Waranch & Brown has experience in re-balancing these inherent prejudices in medical malpractice litigation. Please contact us for assistance with your legal matters; our trial team is here to help.