9.2 Voir Dire

• Library: Medical Malpractice Law in Virginia (Virginia CLE) (2017 Ed.)

9.2 VOIR DIRE

9.201 In General. Both court and counsel have the right to ask prospective jurors any relevant question about whether they are related to

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any party, have any interest in the cause, have expressed or formed any opinion, or are sensible of any bias or prejudice. ¹

9.202 Goals. It is difficult to state with precision the profile of an ideal juror for a medical malpractice case. A few generalizations are all that can be offered. A juror should be sufficiently intelligent to grasp the medical principles necessary to understand the plaintiff's theory. A juror should also be someone who will not blindly accept what the doctor says simply because he or she is the doctor. Yet this healthy skepticism must not be so unbridled that it makes the juror cynical. Cynicism can be directed at the plaintiff and the plaintiff's expert as well. The ideal juror should also have had life experiences that foster empathy with the plaintiff's suffering. Voir dire must be targeted to eliciting clues about these traits.

9.203 Areas of Inquiry. The subjects listed below should be explored during the course of voir dire. Counsel's specific questions on these subjects should cover not only the juror but also the juror's family and friends...