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Is it Possible to have Non-Jury Trial for Your Medical Malpractice Case in New York

Usually most cases have a jury trial, but it is possible to have a non-jury trial for your medical malpractice case in New York. When your case comes up and it is just about to be put on the trial calendar, you have the option of checking off one of two boxes which say jury and non-jury trial. In correlation with this scenario, it is up to you, whether you want to open the door to a jury trial, or you would like only a judge to listen to your case and pass judgment.

Why would you want a non-jury trial?

However, the question and the point here which is trying to be conveyed is why would anyone want a non-jury trial? Well, there are instances in medical malpractice cases where you would want a judge to evaluate the case and not a jury. Remember, a jury is made up of twelve members of your community, who are there to evaluate your case and decide who is right and who is wrong. If you are able to show to the jury that you are more likely right than wrong, then the jury is required to give a verdict in your favor, as well as award compensation to you for the harms and losses you have suffered.

A Jury Trial is usually the Best Option for most Cases

Now, there is a common belief amongst experienced trial attorneys that judges hear these types of cases every single day and because of this it has an undoing effect on them. They hear about different types of injuries, and different allegations against the people who were negligent or careless.

Most attorneys believe that this causes judges to be jaded over time. Even though they are excellent judges with a high degree of character for the most part, when you hear these cases every day over and over again, you tend to become a little unfocussed, possibly uncaring because it is just another case and there are many more to be tried. So based on this type of reasoning, when you open the cabinet drawer for a non-jury trial, the judge is going to:

  • Be the trier of fact
  • Decide who is right and who is wrong
  • Be deciding the law in the case
  • Decide how much compensation to award to you if he decides the case in your favor

Now, rather than have just one individual doing these things, it is always better to have a group of people. Your attorney will advise you to press the proverbial button for a jury trial so that twelve people of the community can come and decide your case, who rarely, if ever, will have been in this type of position before.

It is much better for such a group listen to all the testimony, all the medical experts, and everything that comes to the court, for the very first time and then let them decide what the value of your case is if they find this case in your favor.

Just Another Case Like the Rest of Them

Therefore, if you do not want a single person who is bored or unimpressed by your case, to listen and pass judgment over your medical malpractice situation, you should walk down the avenue towards a jury trial. You have a much better chance of having a sympathetic group listening to your case, and to reward you more compensation than a single person for the harms and injuries you have suffered. Your suffering will alarm and appall a jury, not so much as a judge "who has heard it all".

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