Can we just juries with medical malpractice cases?

[muireach]

I’ve been doing a lot of research for a medical malpractice attorney. He’s worked in the business, for both the plaintiff and defense for 30 years. He knows his stuff as well as most doctors or scientists I’ve met. However, it’s very complicated stuff. The type of person that cannot conspire to get out of jury duty will be very unlikely to understand the highly scientific, technical nature of what both sides are arguing. I would contend the average person would likely be clueless as to whether malpractice was committed or not even after hearing all the evidence.

Does this make our system of justice in this regard fundamentally flawed?

[sylvester37]

I’ve been doing a lot of research for a medical malpractice attorney. He’s worked in the business, for both the plaintiff and defense for 30 years. He knows his stuff as well as most doctors or scientists I’ve met. However, it’s very complicated stuff. The type of person that cannot conspire to get out of jury duty will be very unlikely to understand the highly scientific, technical nature of what both sides are arguing. I would contend the average person would likely be clueless as to whether malpractice was committed or not even after hearing all the evidence.

Does this make our system of justice in this regard fundamentally flawed?

That says the lawyer is fundamentally flawed. Either A) He should have put his trust in the Judge alone or B) He should have figured out how to explain it to the average person. All they really have to do is explain to the average person that it is malpractice. They don't need to explain the exact details of WHY it is. If you can't explain to me why the course taken is beyond the course a regular doctor would be expected to take then that is really showing that you don't grasp malpractice laws.

ADD: Also the lawyer not WANTING a smart juror doesn't mean that no one smart wants to be on the jury.

[bergh39]

Your belief that everyone smart enough to be on a jury will "conspire to get out of jury duty" assumes that people do not want to serve on juries.

You are mistaken.