Friday, January 4, 2013
Gerry's Educational Medical Malpractice website
At the beginning of every medical malpractice trial, accident trial or wrongful death trial in New York, the judge gives the jury very strict instructions. They are very specific. They designed to lay the ground rules to the jury about their conduct over the course of the trial that they're about to sit in judgment on.
The jury is told that they are not to discuss the case amongst themselves until the very end of the case when they have heard all the testimony and evidence and have heard the law on the case as the judge gives it to them.
There also told that under NO circumstance are they to do their own research online or off-line about the facts of the case, the parties involved, the attorneys involved or even the medicine involved.
The reason is that if the jurors try and conduct their own research, they will be bringing in information that is not considered part of the evidence at trial. This means outside sources could influence jurors and affect the outcome of the case.
In addition, the judge will explain to the jury how it is inappropriate for jurors to use social media to discuss the case with friends and followers.
The fastest way to obtain mistrial in a civil case is for a juror to disregard the judge's instructions. Not only will the juror get into trouble, but the court will likely have no choice but to grant a mistrial in order to ensure fairness to both sides as the case proceeds forward.
There have been instances where a court has declared a mistrial at various stages of the trial. When this happens because of juror misconduct and a failure of a juror to follow the court's instructions, this represents a true travesty for the civil justice system here in New York.
All parties lose in that instance since the litigants have made considerable efforts to try the case, put on testimony, establish evidence through experts and have spent considerable resources and time preparing the case and proceeding forward to trial.
Watch the video to learn more...
Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.
Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.
To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website.
If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at email@example.com. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021