Clinicians are used to presenting themselves to patients and professional colleagues. But a jury can be a whole different animal, with the plaintiff's attorney working to rattle and smear you. There are a number of lessons and strategies that are important for you to learn. And you need to understand what the jury is likely to perceive and want. Additionally, there are professionals who can help you to prepare by using what they have written or personally coaching you.

First, the statistics are in your favor as a defendant in a medical malpractice case. About 61% are won nationwide, whereas in personal-injury cases about 31% win. In the worst venues in the country, about 51% of medical malpractice cases are won. In the 75 largest counties in the country, about 73% of medical malpractice cases were won in 2001. Physician owned insurance companies win about 75 to 80% of the time. So we can take heart from these batting averages, but for the individual physician it is a 100% statistic either way. Not only is your time and money at stake in the case, but even more your personal image of yourself and your family may be about to suffer.

One presenter and coach regarding physician performance before juries is Linda S. Crawford. She emphasizes that to the jury, character comes before conduct. They are asking: would they be in safe hands if you were their medical provider in a crisis. They are concerned primarily about your judgment and experience, rather than credentials. The question in their mind is "who can I trust", and under the circumstances if you did the best that you could.

They want to see that you went beyond the minimum. The common theme when they decide against a doctor is that there was abandonment because the physician was not there. They want to see that you were there, that you had a personal stake working for the patient. If they were to choose one word for what they want, it’s that’s you “worried”.

What are the statistics about medical malpractice trials? Three percent of the lawyers do 90% of all the trials. The median award is about $1 million and the top value cases are medical malpractice. In this regard, we physicians have supplanted the toxic tort cases as the prime targets and the deep pockets.

If you lose a malpractice case, how likely is it that there was malpractice? In some studies if the jury found malpractice, an independent review also found malpractice only 28% of the time.

What influences the outcome of a jury case? Is it the expert witness? It is often said that the experts cancel each other out, and do not win cases. It is felt that there is not good research indicating that they win cases. But the expert's ability to explain in a way that the jury understands, and provide the jury wiyh supporting information for the defendants testimony and behavior is very important. To some extent this will depend on the effectiveness of your defense attorney in preparing the expert witness. And with the expert short on time and your attorney busy, this is not always accomplished.

How well does the jury work, and how do they think? It is argued that juries generally do an attentive job. The average person may need seven repetitions to absorb something that they hear, and for juries it is usually two to three times. They learn from you but they also learn from the expert witness who at least gives an additional learning opportunity even if not effective in swaying most cases. Medical malpractice cases may often last one to two weeks, or more. This gives the jurors a lot of time to observe the defendant and think about what they've heard and seen.

In fact, perhaps as much as 80% depends on what they see, They're looking for you to be genuine, and looking for the unguarded moment to give them insight. It is thought 55% of what comes across is facial expression, 35% style of delivery and 7% substance. How you say something may well be remembered more than what you say. It is believed juries learn at about the level of a second-year medical student.

What is the jury’s standard? They are concerned that they have to live with themselves afterwards, therefore they hold a high moral standard.

What rules should you use as you prepare for trial, with regard to your jury performance? You want to be perceived as a person of character who was concerned and committed to the patient. The challenge is to be this person in the difficult, alien, even hostile environment of the legal system. Try to align right thoughts, right actions and right results so that the perceptions of you become a reality of judgment in the jury's mind.

The best time to prepare yourself with these skills is well before your deposition. The deposition itself will have a big influence on your case, not only because of what you have said, but as a result of your style and demeanor. This could dissuade lawyers from the case altogether. Ms. Crawford states 25% of cases have been dropped when using her teaching and presentation skills.

In summary, to prevail takes time not only to learn the facts but to adjust your presentation style. It needs to reinforce the facts. Communicate the treatment but also your concern and involvement. The coldly clinical presentation may leave the jury cold. Be sure your attorney has sufficiently briefed your expert witness on the facts and issues that will be presented. A coach could be worthwhile if your style may work against you,. Remember don't put all your effort on just 7% of what the jury will hear, the facts.