Before medical malpractice cases reach trial, Plaintiffs will typically argue that there is an iron clad link between the doctor’s alleged lack of informed consent disclosure and their client’s injury: “If the doctor knew there was a chance this procedure … Read more
What should you expect of your legal team when mounting a defense against a pro se plaintiff? Defending health care providers in malpractice claims brought by pro se plaintiffs presents unique challenges requiring patience, precision, and strategic foresight. Because pro … Read more
For healthcare professionals involved in medical malpractice litigation, the untimely death of a plaintiff can drastically alter the course of a trial. When a plaintiff passes away after suit is filed, but before they “testified” via written discovery responses or … Read more
One powerful strategic tool we often employ when defending our healthcare clients at trial is alternative causation. In medical malpractice cases, where nuances of causation can be complex and multifaceted, defense attorneys and experts should take the opportunity to present … Read more
It’s one of the oldest tactics in the plaintiff’s bag of tricks: trying to scare jurors with a “reptilian argument” which appeals to their primal instincts of safety and fear. By framing the case around absolute “community protection” and urging … Read more
With a strategic approach, health care organizations can robustly fight back against unwarranted sky-high claims for economic damages. That strategic approach requires recognition of what we call the “Cookie Jar Effect.” The Cookie Jar Effect: A child reaches his hand … Read more