Claims Insight: The Changing Dynamics of Medical Malpractice Juries

An overview of how juries have evolved, why this may contribute to rising damages, and some practical advice from Copic’s defense team

WHAT’S DRIVING THE SHIFT IN JURY ATTITUDES?

Observers point to post COVID social changes, generational differences, and the sheer volume of medical information (and misinformation) available online. The result can be jury pools that are more polarized, more skeptical of institutions, and at times more sympathetic to plaintiffs—factors that may increase verdict sizes and narrow the gap between traditionally conservative and plaintiff friendly courtrooms. Common drivers include:

• Polarization and distrust: Jurors may be more skeptical of large institutions (including hospitals and healthcare systems) and more willing to infer fault from a bad outcome.
• Generational attitudes toward authority and risk: Some jurors show less deference to physicians and have different expectations about transparency and accountability.
• Online narratives and preformed beliefs: Social media, internet “research,” and the vast amounts of online information (some of which may not be accurate) can shape views about medicine and damages in jurors before trial.
• Courtroom dynamics and strategy: In some states, courtroom rules and forum shopping (filing lawsuits in courts most likely to provide a favorable outcome) can increase exposure when plaintiff attorneys steer cases into historically higher verdict jurisdictions.

Understanding how jury attitudes are shifting is one of the elements that Copic’s defense team focuses on to provide unparalleled protection for the clinicians we insure. We routinely evaluate these dynamics early, develop an approach for a particular case, and prepare those involved. As part of this preparation, the following principles are commonly discussed with clinicians who are facing a claim or lawsuit:

• Anchor the case to the standard of care—not the outcome: Strong defenses are built on whether the standard of care was met, and that this is supported by the medical record and credible experts. When the standard of care is met, Copic’s goal is to provide solid, vigorous defense. If the standard of care was not met and a patient was injured, we support fair and timely resolution that relates to the evidence and law for that specific situation.
• Expect a coordinated team—and stay engaged: You’ll work with a claims consultant and experienced defense counsel. Your participation matters: explaining clinical context, workflow realities, handoffs, and decision points helps the team tell a coherent story from the start.
• Help the team assess standard of care, causation, and damages early: Early expert review is often critical. Your perspective can clarify why decisions were made, what information was available at the time, and what the medical record does (and does not) document—especially around timing, follow up, and communication.
• We frame the case early for damages—and for courtroom realities: Plaintiffs may open with a very high demand to shape expectations, and juror attitudes can vary significantly by jurisdiction. The defense team will address damages early using records, timelines, and objective benchmarks, and will tailor strategy (including jury selection and experts) to the courtroom location—considering early resolution options when it makes sense.
• Prepare for testimony: clear, calm, and juror friendly: Jurors respond to understandable explanations of clinical reasoning. Preparation focuses on translating medical decision making into plain language, staying steady under adversarial questioning, and avoiding defensiveness. Mock depositions or mock trials may be used when appropriate to help you prepare.
• Keep the case focused and reduce “heat” where possible: Motions may be used to limit irrelevant or inflammatory material. In higher exposure matters, mock jury feedback or trial consulting can help test how jurors hear the story and identify where the narrative needs more clarity.
• Protect credibility—communicate carefully and don’t “fix” the record: Discuss the case only with your claims consultant and defense counsel—privilege matters. If you notice documentation issues, raise them with counsel rather than trying to change the record. Avoid posting or commenting about the event, patient, or lawsuit in any forum.
• Use the support available—clinical, legal, and personal: A claim can be stressful and isolating. Peer support and confidential counseling resources can help physicians stay grounded while the legal process moves forward. If reputation concerns arise, ask your defense team what support is available.

Article originally published in Copic’s Copiscope 2Q26 newsletter.