Saturday, February 2, 2013
Gerry's Educational Medical Malpractice Website
You would think it's common sense.
When jurors sit and listen to a trial involving medical malpractice, car accidents or even wrongful death here in New York, they are told by the judge at the very beginning that they are not to do any research about the case, the parties or the attorneys.
Many judges go further and instruct jurors not to go online to look for information about the case or the topic. They tell them they cannot post updates about the trial on Facebook, Twitter, LinkedIn or any other social network.
What happens if jurors obtain information outside the courtroom?
A lot can happen.
Most importantly whatever information the juror has obtained, whether from the library or going online, can influence not only his decision but can affect how the other jurors look at and interpret the evidence that comes in during the course of the trial.
If a juror has done specific online research about a medical topic and now discusses that with the other jurors during jury deliberation, the other jurors may clearly look to him as the go-to medical expert on the issues in the case.
The jurors may discount or give less credibility to the medical experts who have come in to testify about the specifics of this particular case.
The judge, the attorneys and the litigants are supposed to have an even playing field when taking their case to trial. The jury, comprised of six members of the community is supposed to listen only to the testimony and evidence that comes into the courtroom.
If the jurors do their own research about the issues in the case they no longer become impartial judges weighing who's right and who's wrong, but now are relying on the information they have personally obtained in order to give greater weight or credibility to one side or the other.
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 firstname.lastname@example.org. 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