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Can You Get an Impartial Jury in the Age of Tort Reform?

By William A. Krais

Parties to a medical malpractice trial seek fair and impartial jurors to render a verdict. Jurors must decide a case based on the evidence presented and the court's instructions. A juror's impartiality serves as the bedrock of our civil justice system. Should a biased juror sit in judgment, the process becomes tainted and the verdict is not credible.

To ensure a fair and impartial jury, most jurisdictions permit voir dire of prospective jurors. During voir dire, jurors are asked questions that allow the court and parties to determine whether a juror may be biased. In many states, attorneys ask jurors questions during voir dire. In some states, however, the court asks jurors questions, frequently with the parties' input. During the process, the questions are often general and benign. In a typical malpractice case, for example, jurors are asked about their education and employment, their experience with the health-care professions, and their knowledge of and experience with the medical condition involved in the particular case. Those questions rarely meet with opposition.

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