BIRTH INJURY VOIR DIRE
I’m providing an outline from a trial several years ago involving a medical malpractice case. The case involved the birth of a child which was supervised by a midwife and then transferred to a hospital for the birth. I would make revisions in this outline if I were to try the case today. However, I wanted you to see an actual format that would allow you to make your own revisions for a similar case tried today. In addition, there was a limit on the time allowed for voir dire and this outline was designed to determine the priority of subjects there was time to cover.
BIRTH INJURY VOIR DIRE OUTLINE
INTRODUCTION:
Personal Experience Issues
Importance of following Own Rules
Q. WHEN IT COMES TO HOSPITALCARE, HOW IMPORTANT IS IT THAT NURSES FOLLOW THE MEDICAL RULES THE HOSPITAL HAS ADOPTED?
Q. HOW IMPORTANT IS TO BE SAFE & NOT SORRY & FOLLOW THE RULES OF THE HOSPITAL?
Teamwork & Communication
Q. HOW IMPORTANT IS CLEAR COMMUNICATION AND TEAMWORK AMONG THE MEDICAL TEAM CARING FOR A PROBLEM IN LABOR & DELIVERY?
Q. FAIR TO SAY THEY ARE MEMBERS OF A TEAM. THEY
HAVE TO WORK TOGETHER & FOLLOW THE RULES?
Q. IN YOUR EXPERIENCE IN A MEDICAL CRISIS CAN THINGS NOT NIPPED IN THE BUD SNOWBALL OUT OF CONTROL?
Q. IN A MEDICAL TEAM IS IT IMPORTANT THAT “RIGHT HAND KNOWS WHAT THE LEFT IS DOING”?
Pilot mid wife Program
Q.WHAT DO YOU EXPECT A HOSPITAL TO PROVIDE A MOTHER IN LABOR?
Q.IF THEY CREATE & ADVERTISE A SPECIAL PROGRAM FOR MID WIFE BIRTHS, WOULD YOU EXPECT THEM TO MAINTAIN & CONDUCT IT AS CLAIMED?
Q.IF THEIR RULES SAY AN OB, ANAESTHESIOLOGIST, PEDIATRICIAN & TRAINED NURSES WILL BE PROVIDED – EXPECT THEM TO FOLLOW THEIR RULE?
Q.EXPECT NURSES THEY PROVIDE TO KNOW THE HOSPITAL’S OWN RULES?
Q.HOW MANY FEEL HOSPITALS SHOULD BE PREPARED TO HANDLE FORESEEABLE COMPLICATIONS OF BIRTH WHEN THEY HOLD THEMSELVES OUT AS BEING PREPARED FOR IT?
Blame Shifting
Q.BELIEVE IN PRINCIPLE OF HONESTY AND ACCEPTING RESPONSIBILITY FOR HARM CAUSED BY AVOIDABLE MISTAKES?
Accepting Responsibility
Q. HOW DO YOU FEEL ABOUT THE IDEA:
Q.IF A HOSPITAL COMMITS A SERIOUS ERROR, RUNS A MEDICAL STOP LIGHT, & SOMEONE IS SERIOUSLY INJURED, HOW IMPORTANT ISIT TO HAVE THEM ACCEPT RESPONSIBILITY?
Q.HOW FEEL ABOUT EXCUSES, DUCKING BLAME & FINGER POINTING WHEN A CORPORATION IS IN THE WRONG? CORPORATE ACCOUNTABILITY
Q. IF HOSPITAL HOLDS THEMSELVES OUT AS PREPARED FOR COMPLICATIONS IN DELIVERY, DO YOU EXPECT THEM TO BE PREPARED WHEN IT HAPPENS?
What we expect from Hospitals
Q. WHAT TO YOU EXPECT FROM A HOSPITAL AFTER IT ADMITS A MOTHER IN LABOR WITH A COMPLICATION OF BIRTH?
Q.SEE A HOSPITAL A SAFE HAVEN & PLACE OF PROTECTION FROM HARM ?
Q.FAIR TO SAY NURSES LIKE LIFEGUARDS ? A PLACE TO BE CURED NOT INJURED?
Failing to react to warning signs
Q.HOW IMPORTANT IN HOSPITAL CARE TO BE ALERT FOR MEDICAL WARNINGS
Q.EVER FALLEN THROUGH THE CRACKS WHEN DEALING WITH A CORPORATION & NEED HELP?
Q. WHAT DOES THE PHRASE “LAZY MEDICINE” MEAN TO YOU?
Medical records
Q.HOW IMPORTANT DO YOU REGARD YOUR MEDICAL RECORDS IN A HOSPITAL?
.EXPECT THEM TO BE ACCURATE AND TRUTHFUL?]
Damages
FOR A VERDICT OF MILLIONS OF DOLLARS