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In a malpractice case, does the jury's vote have to be unanimous?

My wife had a malpractice case. The judge wanted it wrapped up in one week, so the jury only deliberated an hour and a half on Friday night. They sided with the doctor, but two of the jurors were disgusted with the outcome. Do they just go by the majority? We live in Illinois, btw.

4 Answers

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  • 8 years ago
    Favorite Answer

    In the US, juries in criminal cases are generally, as a rule, required to reach a unanimous verdict, while juries in civil cases typically have to reach a majority on some level.

  • 8 years ago

    It depends on the state. In many states, a unanimous jury is not necessary for a malpractice case.

  • 8 years ago

    If you can prove that the two jurors based their decision by following the majority then you can file for a new trial. Jurors are supposed to vote without the slightest doubt and if these two jurors had any doubt there voting was false.

  • Anonymous
    8 years ago

    The judge cannot dictate how long the jury deliberates. Why not ask your wife's lawyer what the law is instead of expecting here to know as much as he does?

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