BIRTH INJURY VOIR DIRE

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

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INTRODUCTION:

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1.Introduce self, associate and clients
2.In school I hoped the teacher wouldn’t call on me – how many feels that way now?
(1)Important we are honest with each other
(2)If we don’t ask but you think it important, would you raise your hand?

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Personal Experience Issues  

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1.HOW MANY OF YOU HAVE PERSONAL KNOWLEDGE OR EXPERIENCE WITH?

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 MID WIFE – HOME DELIVERY
 BIRTH COMPLICATIONS
 BRAIN INJURY
 NATURALPATHIC CARE

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Importance of following Own Rules    

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Q.  WHEN IT COMES TO HOSPITALCARE, HOW IMPORTANT IS IT THAT NURSES FOLLOW THE MEDICAL RULES THE HOSPITAL HAS ADOPTED?

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Q.  HOW IMPORTANT IS TO BE SAFE & NOT SORRY & FOLLOW THE RULES OF THE HOSPITAL?

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Teamwork & Communication

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Q. HOW IMPORTANT IS CLEAR COMMUNICATION AND TEAMWORK AMONG THE MEDICAL TEAM CARING FOR A PROBLEM IN LABOR & DELIVERY?

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.Q.  FAIR TO SAY THEY ARE MEMBERS OF A TEAM. THEY

                                    HAVE TO WORK TOGETHER & FOLLOW THE RULES?

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Q.  IN YOUR EXPERIENCE IN A MEDICAL CRISIS CAN THINGS NOT NIPPED IN THE BUD SNOWBALL OUT OF CONTROL?

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Q. IN A MEDICAL TEAM IS IT IMPORTANT THAT “RIGHT HAND KNOWS WHAT THE LEFT IS DOING”?        

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Pilot mid wife Program  

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Q.WHAT DO YOU EXPECT A HOSPITAL TO PROVIDE A MOTHER IN LABOR?  

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Q.IF THEY CREATE & ADVERTISE A SPECIAL PROGRAM FOR MID WIFE BIRTHS, WOULD YOU EXPECT THEM TO MAINTAIN & CONDUCT IT AS CLAIMED?

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Q.IF THEIR RULES SAY AN OB, ANAESTHESIOLOGIST, PEDIATRICIAN & TRAINED NURSES WILL BE PROVIDED – EXPECT THEM TO FOLLOW THEIR RULE?

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Q.EXPECT NURSES THEY PROVIDE TO KNOW THE HOSPITAL’S OWN RULES?

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Q.HOW MANY FEEL HOSPITALS SHOULD BE PREPARED TO HANDLE FORESEEABLE COMPLICATIONS OF BIRTH WHEN THEY HOLD THEMSELVES OUT AS BEING PREPARED FOR IT?

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Blame Shifting

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Q.BELIEVE IN PRINCIPLE OF HONESTY AND ACCEPTING RESPONSIBILITY FOR HARM CAUSED BY AVOIDABLE MISTAKES?

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Accepting Responsibility

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Q.  HOW DO YOU FEEL ABOUT THE IDEA:

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(1)PEOPLE & CORPORATIONS SHOULD BE HELD RESPONSIBLE FOR THEIR ACTIONS.

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(2)AMERICA IS MADE STRONGER WHEN PEOPLE & CORPORATIONS ARE HELD RESPONSIBLE FOR THEIR ACTIONS?

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(3)CIVIL JUSTICE SYSTEM POWERFUL TOOL FOR POSITIVE CHANGES IN SOCIETY?

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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?  

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Q.HOW FEEL ABOUT EXCUSES, DUCKING BLAME & FINGER POINTING WHEN A CORPORATION IS IN THE WRONG? CORPORATE ACCOUNTABILITY

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Q.  IF HOSPITAL HOLDS THEMSELVES OUT AS PREPARED FOR COMPLICATIONS IN DELIVERY, DO YOU EXPECT THEM TO BE PREPARED WHEN IT HAPPENS?

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What we expect from Hospitals

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Q. WHAT TO YOU EXPECT FROM A HOSPITAL AFTER IT ADMITS A MOTHER IN LABOR WITH A COMPLICATION OF BIRTH?

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Q.SEE A HOSPITAL A SAFE HAVEN & PLACE OF PROTECTION FROM HARM ?

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Q.FAIR TO SAY NURSES LIKE LIFEGUARDS ? A PLACE TO BE CURED NOT INJURED?

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Failing to react to warning signs

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Q.HOW IMPORTANT IN HOSPITAL CARE TO BE ALERT FOR MEDICAL WARNINGS

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Q.EVER FALLEN THROUGH THE CRACKS WHEN DEALING WITH A CORPORATION & NEED HELP?

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Q.       WHAT DOES THE PHRASE “LAZY MEDICINE” MEAN TO YOU?

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Medical records

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Q.HOW IMPORTANT DO YOU REGARD YOUR MEDICAL RECORDS IN A HOSPITAL?

.EXPECT THEM TO BE ACCURATE AND TRUTHFUL?]  

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Damages

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Q.WHAT ARE YOUR FEELINGS ABOUT:

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(1)  FAIR & REASONABLE VERDICT
(2)   PROBLEM APPRAISING HARM IN DOLLARS TO DO JUSTICE

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Q. WHAT PROBLEM WOULD YOU HAVE BEING ON A JURY BEING ASKED

  FOR A VERDICT OF MILLIONS OF DOLLARS

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