This document discusses factors that influence jurors in medical malpractice cases. It finds that preconceptions influence juror perceptions and that jurors have great expectations for trials. These expectations include fast resolutions, respect for their time, and portrayals from media and television. The document recommends educating jurors before advocating and notes that silence is not always the best approach. It examines how juror perceptions of plaintiffs, defendants, damages, and conduct can influence damage awards. Overall, it stresses the importance of strategic jury selection, managing client perceptions, focusing on education, and knowing the audience.

1. The Jury Perspective:
Perceptions, Expectations
and Understanding in
Medical Malpractice Cases.

2. Who are our jurors?

3. Judges who encountered a sleeping
juror in the prior 3 years
“Many ... judges stated that they left it up to the lawyers to take
action when jurors dozed, some noting that, after all, it was the
lawyers who had put them to sleep,quot; (Nancy King, 1996)

4. Philadelphia County, Pennsylvania
Population: 1,448,394
Race: Employment:
White: 42%
Unemployed: 12.4%
African American: 44%
Asian: 5%
Education Level:
Hispanic: 11%
Other race: 7%
Less than High School: 22%
Income: High School or GED: 38%
Some College: 15%
Less than 25,000: 40% Associates Degree: 5%
25,000 – 75,000: 42% Bachelors Degree: 2%
Over 75,000: 19%
Graduate Degree: 9%

5. Jury Truths:
Preconceptions influence perceptions

6. Preconceptions Influence Perceptions

7. Jury Truths:
Preconceptions influence perceptions
Jurors hold great expectations

8. Great Expectations
Fast Resolutions
Respecting jurors’ time
Media/Television portrayals of jury trials
The age of technology

9. Great Expectations

10. Jury Truths:
Preconceptions influence perceptions
Jurors hold great expectations
Educate before you advocate

11. Educate Before You Advocate
Start with the Big Picture
Primacy and Recency Effects
Visual Learning

12. Increase in juror retention of
combined visual and oral
presentations over oral alone
Weiss-McGrath report, (1992)

13. Jury Truths:
Preconceptions influence perceptions
Jurors hold great expectations
Educate before you advocate
Silence is not always golden

14. Silence is Not Always Golden
Alternative damages
Absent witnesses

15. Trends in Jury Damage Awards
Verdicts
Damages
Green & Borenstien (2003)

16. Perceptions That Influence Damage
Awards: Plaintiff
Severity of Injury (“Day in the Life”)
Fairness of Demand
Own Conduct
Productivity before incident
Presence in courtroom

17. Perceptions That Influence Damage
Awards: Defendant
Reprehensibility of Conduct
“Deep Pockets”
Presence in Courtroom

18. In Jurors’ Words:
Low Damage Awarders
“I feel as though (the Defendant) should be penalized
for her wrong judgment, but shouldn't go broke.”
“Jane Doe and her mother were not close.”
“I feel her mother forfeited any comfort through her own
irresponsibility and should be held responsible as well for
her own acts.”

19. In Jurors’ Words:
High Damage Awarders
“To make sure this doesn't happen again.”
“Although, monetary compensation can not bring Jane
Doe back. It can shake up the system to be more
diligent.”
“The defendant was just in it for the money.”

20. So, What do we do?
Strategic Voir Dire
Manage Perceptions of
Your Client
Focus on Educating
Know your Audience