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Can Jurors Ask Questions During a Medical Malpractice Trial or Accident Trial Here in New York?

Posted by attorney Gerald Oginski

New York Medical Malpractice Trial Attorney

Phone: 516-487-8207


If a juror has a question during a medical malpractice trial, an accident trial or even a wrongful death trial here in NY, you would think that they should simply be able to raise their hand and ask a question of the witness, the lawyer or the judge, right?

Not exactly.

In New York judges have complete control of what goes on in the courtroom during a trial. There are some judges who will allow jurors to ask questions. Others do not.

If the judge allows jurors to ask questions, there is a specific format they must follow in order to make that happen.

In courtrooms where judges allow jurors to ask questions, they must write down their question on a piece of paper and hand it to the court clerk or court officer. They will then hand that to the judge to read. The judge will then determine whether the question is appropriate, and if it is, the judge will be the one to ask the question.

The judge must first determine whether the question is legally appropriate or whether it might prejudice one side or another by asking the question.

When jurors have questions it means that something is bothering them and they need to know the answer. It would be in everyone's best interests if the question can be answered.

Watch the video to learn more...

Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client:

Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering:

To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website, ?

If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at This is what I do every day and I'd be happy to chat with you.

Law Office of Gerald Oginski

25 Great Neck Road, Ste. 4

Great Neck, NY 11021



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