Gallup recently released its poll on honesty and ethicsratings in professions, and once again medical professionals topped the
list. In fact, three of the top five
professions Americans rated as most honest and ethical were nurses, pharmacists
and medical doctors (grade school teachers and military officers were the
others) – and nurses received by far the highest marks.
An overwhelming 82 percent of respondents rated the honesty
and ethical standards of nurses as high or very high – a 12-percentage point
lead over the second-highest profession – and 69 percent said the same of
doctors. Interestingly, medical
professionals rated highly across political party and age lines – divides where
we often observe big disagreements among jurors.
This isn’t a guarantee jurors will believe the caregivers
you’re defending and discount the plaintiff’s story – in fact, our own surveys
have shown jurors tend to believe a patient’s version of events slightly more
than caregivers’ – but we still recommend using this widespread positive
perception of medical professionals’ ethics and morality to your advantage.
Beginning during voir dire, you might consider polling the
jury pool about how honest they find medical professionals, and if they believe
any have tried to act unethically toward them.
Along with weeding out any potential jurors with axes to grind, you’ll
use the power of peer opinion to make the point that doctors and nurses are
widely trusted and respected. Asking
jurors the reasons they tend to trust caregivers could elicit stories
underscoring the fact that almost all doctors and nurses work tirelessly to do
their best for patients.
Once you have your caregiver witnesses on the stand during
trial, talk to them about why they got into medicine and the role of trust in
the caregiver-patient relationship. This
will help humanize your clients and reinforce the perception they’re honest and
ethical, even if there are potentially lapses in care. Jurors are more likely to forgive an honest
mistake if they have faith in the caregivers’ intentions.
Although Americans’ widespread trust in medical
professionals is no advantage. If you
have a case where honesty and ethics are a central concern – or you want to
discuss jurors’ perceptions on other issues – please contact us at 714-754-1010
or cluna@juryimpact.net.
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