There is a common misconception among jurors that, if a case goes to trial, it must have merit. While jurors may not understand the specific procedural processes involved in bringing a medical malpractice case to trial, they are savvy enough to expect those procedures to minimize frivolous claims.
Defense attorneys must be prepared to combat this misconception at every opportunity — from voir dire to closing argument:
- Voir dire can be utilized to explore jurors’ attitudes toward the legal system and any presumptions about the case’s merit at trial, and exercise legal challenges to preclude individuals who hold incorrect presumptions.
- During opening statement, consider explaining directly to the jury that any case can be filed and the fact that a particular case is being tried does not mean that it has validity.
- Closing arguments should reinforce the idea that going to trial does not equate with merit.
Our team at Waranch & Brown is prepared to combat merit-based jury presumptions at trial. Please contact us for assistance with your legal matter; our trial team is here to help.