Insight

How Panel Voir Dire Impacts Medical Malpractice Law

Annette Gonthier-Kiely, 2019 "Lawyer of the Year" award winner for Medical Malpractice Law in Boston, discusses her practice and trial strategy.

Annette Gonthier-Kiely "Lawyer of the Year"
Best Lawyers

Best Lawyers

April 16, 2019 04:39 PM

Annette Gonthier-Kiely, winner of the Best Lawyers 2019 “Lawyer of the Year” award for Medical Malpractice in Boston, has a long and consistent record of multimillion-dollar medical malpractice verdicts and settlements throughout her long career. “Helping families who have lost a loved one or individuals who have been seriously harmed by medical malpractice to receive substantial compensation and ease their burden gives me great satisfaction,” says Gonthier-Kiely.

Knowing that medical malpractice work improves safety for all patients is an added bonus. One such example was a win of more than $7 million against a top cardiac doctor who had three board certifications and was specifically hired for his well-known expertise in performing cardiac ablation for the patient’s type of arrhythmia. At the last minute, he lateraled the patient to his far less experienced, non-board certified protégé. The protégé was found negligent for missing signs of impending heart block and continuing to ablate leading to permanent heart damage. The jury found negligence, lack of informed consent and breach of contract against the doctor who had been hired, a verdict she refers to as her “hat trick.” This verdict was later featured in a Chicago Tribune article about patients’ need for informed and transparent discussions with the doctor before surgery about who is doing what.

To improve outcomes for medical malpractice plaintiffs, Gonthier-Kiely welcomed the opportunity to serve as chairman of the Massachusetts Academy of Trial Attorneys Voir Dire Committee. She strongly believes that panel voir dire will assist in weeding out jurors who could never find against a doctor or who require a much higher standard of proof than the “more likely than not” civil standard, or who harbor other biases which prevent them from being impartial. To that end, as president of the Massachusetts Academy of Trial Attorneys from 2015 to 2017, Attorney Gonthier-Kiely spearheaded statewide hands-on voir dire workshops to educate members on how to do panel voir dire effectively within the constraints of Massachusetts' standing order. “We still have a long way to go but the future is brighter.”

Related Articles

Aim High and Fly


by Khalil Abdullah

From a silent victim of hometown segregation to Air Force captain and lawyer of consummate skill, Karen Evans exemplifies leadership—and vows always to help those who seek to follow her path.

Karen Evans' Leadership in the Airforce

Andrew B. Yaffa - Miami 2021 Lawyer of the Year


by Best Lawyers

Medical Malpractice Law - Plaintiffs Miami, Florida

Andrew B. Yaffa

Defining Leadership


by Sean Stonefield

At Boston plaintiffs’ firm Jones Kelleher, attorneys Pat Jones, Tim Kelleher, and Rob DeLello have worked together for almost 25 years and now bring 90 years of cumulative experience to their practice.

Jones Kelleher: A Tradition of Excellence

Pribanic Secures Milestone Verdict in Rural PA County


by Justin Smulison

Ten-time honoree Victor H. Pribanic secured one of 2023’s most notable verdicts in a Pennsylvania county that historically has not been empathic to plaintiffs.

Lawyer sitting at desk with notepad and laptop

Beyond the Billables


by Michele M. Jochner

In a recently conducted, comprehensive study, data reveals a plethora of hidden realities that parents working full-time in the legal industry face every day.

Women in business attire pushing stroller takes a phone call

The New Wild West


by Mary Frances Palisano

Artificial intelligence has only just begun upending industries of all kinds. It stands certain to play an exceedingly important role in criminal law as well.

Old Western Wanted Poster with pictures of four colorful AI robots

Generation Gaps


by Victoria Brenner

A major case upended aspects of grandparents’ disputed visitation rights regarding their grandchildren. 20 years on, where do laws around the country stand?

Child with hands over older man's eyes

Shifting Risks in Renewable Energy


by Monica Wilson Dozier

Development of renewable energy projects is expanding at an unprecedented pace. But a burgeoning industry brings a host of legal considerations along for the ride. Here’s what counsel needs to keep in mind.

A Money Plug Connecting with an Energy Plug

This Land Is . . . Someone’s Land: Recent Disputes Involving Energy Transition Projects


by Meghan Dawson McElvy

Recent growth in renewable energy and energy transition projects across the United States has sparked disputes among a variety of interested parties—and augurs plenty of contentious litigation in the years ahead.

Windmills in front of a setting sun

Recruiting, Raising and Retaining the Next Generation


by LaVon M. Johns and Patricia Brown Holmes

With savvy recruiting, great culture and a focus on work/life integration, learn how any law firm can still get the most out of its greenest personnel.

Animated figures putting massive puzzle together

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background

Preventing Malpractice Issues in Pediatric Practice. A Lawyer's Perspective


by Sean M. Cleary

Despite medical breakthroughs and patient care, hospitals often act as a source of medical malpractice claims, leaving patients in dire need of legal counsel.

Sketch of doctor providing medical care to child

IN PARTNERSHIP

Salvi & Maher, LLP: Legal Leaders in Illinois and Wisconsin


by Justin Smulison

For more than 35 years, Salvi & Maher LLP has defended their clients throughout Illinois and Wisconsin in various areas of personal injury law, including medical malpractice, motor vehicle accidents, premises liability and trucking litigation.

Salvi & Maher Law Firm group in front of legal library and cases of books

"Lawyer of the Year"


Lawyer with suit posing and smiling for headshot

Laurie R. Bishop

Education Law

Boston, MA

2024

"Lawyer of the Year"


Thomas B. Mooney

Thomas B. Mooney

Education Law

Hartford, CT

2024

Trending Articles

Presenting The Best Lawyers in Australia™ 2025


by Best Lawyers

Best Lawyers is proud to present The Best Lawyers in Australia for 2025, marking the 17th consecutive year of Best Lawyers awards in Australia.

Australia flag over outline of country

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

Announcing The Best Lawyers in New Zealand™ 2025 Awards


by Best Lawyers

Best Lawyers is announcing the 16th edition of The Best Lawyers in New Zealand for 2025, including individual Best Lawyers and "Lawyer of the Year" awards.

New Zealand flag over image of country outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Announcing The Best Lawyers in Japan™ 2025


by Best Lawyers

For a milestone 15th edition, Best Lawyers is proud to announce The Best Lawyers in Japan.

Japan flag over outline of country

The Best Lawyers in Singapore™ 2025 Edition


by Best Lawyers

For 2025, Best Lawyers presents the most esteemed awards for lawyers and law firms in Singapore.

Singapore flag over outline of country

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

How Much Is a Lawyer Consultation Fee?


by Best Lawyers

Best Lawyers breaks down the key differences between consultation and retainer fees when hiring an attorney, a crucial first step in the legal process.

Client consulting with lawyer wearing a suit

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Presenting the 2024 Best Lawyers Employment and Workers’ Compensation Legal Guide


by Best Lawyers

The 2024 Best Lawyers Employment and Workers' Compensation Legal Guide provides exclusive access to all Best Lawyers awards in related practice areas. Read below and explore the legal guide.

Illustration of several men and women in shades of orange and teal

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Attacked From All Sides: What Is Happening in the World of Restrictive Covenants?


by Christine Bestor Townsend

One employment lawyer explains how companies can navigate challenges of federal and state governmental scrutiny on restrictive covenant agreements.

Illustration of two men pulling on string with blue door between them