Legal Question in Medical Malpractice in New York

verdict sheet

If the jury has expressed considerable confusion about the verdict sheet after rendering the verdict, is this grounds for getting the verdict overtunred?


Asked on 9/03/06, 7:03 pm

1 Answer from Attorneys

David Simon Hogan & Rossi

Re: verdict sheet

The charge to the jury, as well as the verdict sheet, can provide fertile ground for appeal because if the court errs in its instruction, it could destroy the integrity of an entire trial.

You asked whether the verdict could be "overturned". Are you asking whether the trial judge could take remedial action or an appeals court?

Since you indicated medical malpractice as the topic, we are dealing with a civil verdict. If you can secure affidavits from enough jurors indicating they misunderstood the instructions and verdict sheet and that the result would have been a verdict in your favor, I think those are reasons as good as any to overturn a verdict and/or declare a mistrial.

One question I have is whether the verdict sheet was prepared by the Court or by counsel. If your counsel proposed the language for the verdict sheet, you would have a considerably more difficult time than if s/he objected to the one that was ultimately used. Also, if it is a standard verdict sheet, versus one custom tailored to peculiar facts of the case, there is probably less of a chance of success.

If you can, repost your question with some more specifics.

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Answered on 9/04/06, 9:54 pm


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