W&B War Story: How to Win on Reasonableness

In this Video Think Piece, trial attorneys Neal Brown and Michelle Dian explain how sticking to their story of “reasonableness” helped them win a recent trial in Prince George’s County.

W&B War Story - How to Win on Reasonableness

In this Video Think Piece, trial attorneys Neal Brown and Michelle Dian explain how sticking to their story of “reasonableness” helped them win a recent trial in Prince George’s County.

Here’s the story: the patient presented to our hospital’s ED with irregular heart rhythm (atrial fibrillation). While in the ED, the patient began experiencing stroke-like symptoms. ED providers called a “Code Stroke,” ordered appropriate studies, and transferred her to another hospital for specialized treatment. Sadly, this was unsuccessful, and the patient died of a large basilar artery occlusion stroke.

We had a strong defense: the ED physician provided good, timely care that was supported by the medical records. But during trial, Plaintiffs’ counsel kept changing their criticisms. Rather than get “caught in the weeds” combating these ever-changing criticisms, Neal and Michelle stuck with their story of reasonableness. Your legal team should consider following a similar approach when telling their story at trial:

  • Use visuals to highlight the care provided with an interactive Timeline;
  • Call experts who can explain — in simple terms — complex medicine to the jury;
  • Use Zoom testimony with experts when needed; and
  • Don’t deviate from your story! You don’t have to combat all of the plaintiff’s ever-changing criticisms.

Bottom Line: Difficult cases can be tried — and won — with a plan for showing reasonable care.

If you need help telling your story, please contact us. We’re here to help.

Neal Brown

Neal Brown

Neal Brown is a Fellow of the American College of Trial Lawyers and a Martindale-Hubbell AV-rated trial attorney. He is a founding partner of Waranch & Brown, where he has devoted his career to defending hospitals and health care providers in medical malpractice and related cases.