Answer the following questions after reading the article on juror perceptions of trial issues. Use the answer form provided to send the test, along with a $20 processing fee, to the State Bar. Please allow at least eight weeks for MCLE certificates and answer rationales to reach you in the mail.
1. Jurors and attorneys view evidence and testimony in much the same way.
2. Jurors are more interested to learn if a doctor followed standard medical procedure than if that procedure was successful.
3. When defending a doctor in a medical malpractice case, always try to show that your client followed standard medical procedure.
4. Jurors are more willing to forgive a doctor's misdiagnosis when he/she took time to order and review proper medical tests.
5. In some instances, not ordering or performing the proper medical tests can be justified.
6. The doctor's decision-making process can often confuse jurors so keep this portion of your presentation brief.
7. When representing a doctor, if missing or non-working equipment played a role in a medical mishap, always guide jurors to the responsible party.
8. Jurors are not interested in the level of parent involvement in their child's medical treatment. Instead, they focus primarily on the actual medical treatment involved.
9. Presenting evidence showing that actions by the parents of the injured child contributed to their child's medical condition will only alienate the jury.
10. One way to counter the emotional testimony in child injury cases is to show the doctor as being fair, professional and having an equal concern for all patients.
11. Visual aids can be used to simplify a confusing series of events or procedures and should be used throughout a medical malpractice case.
12. Justify any procedures that deviate from the norm by using expert witnesses.
13. Jurors are fairly sophisticated when it comes to medical procedures.
14. Timing in medical procedures is often a critical factor, yet the jury can find it difficult to understand.
15. Deciding which questions and concerns the jury will focus on should take place during trial once the defense attorney has had a chance to size up the jury.
16. Never concede that another type of procedure would have been better than the procedure undertaken by your client.
17. Standard medical procedure is just that, standard, and is not meant to apply in all situations.
18. Jurors are likely to forgive doctors in certain instances, even if they bungled an operation or misdiagnosed a patient illness or injury.
19. The doctor is seen by the jury as the person in charge in a hospital setting. Any miscommunication or mishap that occurs by personnel under the doctor are still the doctor's responsibility.
20. Jurors most often view the doctor's actions as singular, separate from other hospital personnel activity.