Fill and Sign the Voir Dire Sample Form

PROPOSED VOIR DIRE QUESTIONS 1. Do each of you understand that malpractice by defnition, is the negligence or carelessness of a professional person that causes harm to his patient or client, and it applies not only to doctors, but to lawyers, accountants, engineers, and other professionals, and that intent to harm plays no part in medical negligence? 2. Do each of you understand that this is just a civil suit for damages sufered by my client as a result of substandard care by this doctor? 3. Do all of you understand and agree that a doctor, just like any other professional man or woman, must meet and conform to certain standards and requirements within that doctor's particular feld of medicine? 4. Do you have any opinion about a malpractice case that would cause you to lean to one side or the other? 5. Can you put aside anything you have heard or read about malpractice cases and decide this case on its own merits? (a) Would anything you have heard or read about malpractice cases cause you to lean in favor of the doctor or in favor of the patient? 6. Do each of you understand that the Plaintifs make no claim that the Defendant is not a qualifed neurosurgeon, but that he was negligent during and/or after the operation and this caused the injury to _________? 7. Do each of you realize that a person may be well qualifed and yet on a given day be negligent; for example; an excellent driver may, on a given day, have an automobile wreck which is his or her fault? 8. Do you understand that you are not here to decide whether the Defendant, Dr. __________, is a good doctor or a bad doctor. What you will have to decide is whether his care and treatment of Plaintif, _____________, was done properly or negligently or that his failure to treat was negligence ? 9. Do each of yo understand that the doctor's right to practice medicine is not involved in this suit? 10. Now, as has been explained to you, this is simply a negligence case, a civil case. These doctors are in no way charged with a crime, and each one's license and right to practice medicine is in no way afected or involved in this case. Do each of you thoroughly understand that? 11. Do any of you feel that a medical negligence suit should not be brought by a patient against his doctor? 1 1 2 . A. How do you feel about that? 1 2 3 . Is there anyone here who just feels that doctors as a class are special, a cut above other mortals, and that they can do no wrong? 1 3 4 . Do each of you realize and agree that doctors, like other human beings, can make mistakes and errors in judgment? 1 4 5 . Do you believe that a doctor should not be sued? 1 5 6 . Would it embarrass any of you in any way to fnd a doctor careless or negligent or at fault? 1 6 7 . Would any of you fnd for defendant doctor without regard to the law and the proof in this case? 1 7 8 . Would any of you, as prospective jurors, give greater belief or weight to a doctor's testimony than you would to the testimony of a witness is is not a doctor just because he is a doctor? 1 8 9 . If you are chosen as a member of the jury to try this case and the proof shows that the Plaintifs are entitled to recover a verdict and that Plaintifs' injuries and damages are substantial, would any of you hesitate to bring in a substantial verdict for the Plaintifs? 20 19 . Do any of you have a belief that a person should not be able to recover a money award for damages for physical and mental pain and sufering and loss of life's enjoyment? 20 21 . Do any of you have a belief that a wife should not be able to recover in her own right for loss of companionship, afection, society, sexual relations and love resulting from injury to her husband? 21 22 . Are you related to any doctor, dentist, nurse, anyone connected with hospitals, or connected with the health care industry? 2 2 3 . Has anyone on this panel ever studied medicine including nursing, pharmacy EMT at all? 2 3 4 . Is there anyone here who either now works or has ever worked for a doctor or hospital in any capacity? 2 4 5 . Have any of you ever aspired to make health care you occupation or profession? 2 5 6 . Do any of you have, or have you ever had, a doctor or nurse in your family? 2 6 7 . Has anyone ever had back problems or a back operation? 2 7 8 . Have any of you ever been a party to a civil lawsuit? 2 8 9 . Have any of you ever served as a juror, civil or criminal? 30 29 . Would any of you have any problem setting as a juror in a lawsuit where frank testimony will be given about physical impairment which involves loss of control of the bowels and bladder and the inability to function sexually? 3 0 1 . D D o any of you know or have been a patient to any of the following: 3 1 2 . Any reason known to you and unknown to this Court that would prevent you from arriving at a fair and impartial verdict is chosen as a juror in this case?