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Would You Allow A Trial Judge To Sit As A Juror On Your Malpractice Case

As a plaintiff's attorney representing injured victims, the answer is no..Why then did a female trial lawyer in Mineola, Long Island agree to accept a trial judge onto her jury panel in a medical malpractice case?.According to the New York Law Journal, this female lawyer was quoted as saying "I selected this judge because I figured he'd be able to explain the defense's shenanigans to the other jurors.".The defense attorney however was quoted as saying, "I have a different point of view.

I like intelligent and smart jurors. That's why I chose this particular judge.".

Interestingly, the day after this article appeared in the New York Law Journal, I was participating in a continuing legal education program, judging a national law student mock trial competition. The judge assigned to our courtroom was the one who sat on the recent malpractice case that resulted in.(can you guess?), a defense verdict.I learned that this judge was a conservative republican judge assigned to a criminal trial part. My only thought was, "What was the plaintiff's attorney thinking?".

Now- that doesn't mean that even if this person was not on that jury, and someone else was, that the outcome of that malpractice case would be different. But the purpose of selecting a jury is to try and select the best possible jury for your client's case. In my opinion, putting a republican judge on a jury in a malpractice case against a doctor and a hospital, in a conservative county is not a good choice.In New York, lawyers, doctors, judges and other professionals must serve jury duty.

.That doesn't mean, of course, that they must serve as a juror on your case. Find out more information about your prospective juror. Ask yourself, "Is this really the person I want judging my client's case?".


Attorney Oginski has been in practice for 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

By: Gerry Oginski

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