The Medical Malpractice Trial
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Authors
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Details
paperback: 330 pages; 1st edition (2019); ISBN: 9781941007853Publisher: Trial Guides, LLC; AAJ -
Table of Contents
- Introduction
- Part One: The Standard of Care
- Finding the Standard of Care
- The Medical Judgment Defense
- The Risk of the Procedure Defense
- The Misdiagnosis Case
- Part Two: A Battle Plan for Trial
- Opening Statement
- Order of Proof
- Trial Technology and Courtroom Optics
- Demonstrative Evidence
- Goals of Closing Argument
- Battle Plan for Final Argument
- Part Three: Starting the Lawsuit from Intake to Complaint
- The Take or No Take Decision
- Gathering Relevant Information about an Intake
- Practical Considerations about a New Case
- Get an Expert
- The Complaint
- Part Four: Nuts and Bolts
- Getting and Using Medical Literature
- Defending Your Expert’s Deposition
- Deposing the Defendant’s Expert
- Mediation
- Some Thoughts on the Psychology of Persuasion
- Focus Groups
- Some Thoughts on Framing a Medical Malpractice Case
- Conclusion
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Look Inside the Book
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In The Medical Malpractice Trial, Michael Koskoff and Sean McElligott teach you how to successfully select, prepare, and resolve medical malpractice cases.
With easy-to-understand lessons that you can put into practice right away, Koskoff and McElligott sharp-shoot specific topics and common issues. They provide a thorough, nuanced discussion on the standard of care and show you how to turn this vital concept into an advantage for the plaintiff. And they demonstrate how to counter defenses that rely on medical judgment, the risk of the procedure, and typical defenses in a misdiagnosis case.
The authors incorporate references to several cases that cover a range of common malpractice areas with detailed examples. They also offer guidance on medical literature, demonstrative evidence, expert depositions, focus groups, damages, the psychology of persuasion, and how to frame a medical malpractice case.
Koskoff and McElligott provide proven methods for any trial lawyer looking to win their next medical malpractice case.
What Legal Leaders Are Saying
— Michael J. Dolan, named to the National Trial Lawyers Top 40 Under 40 for the State of Connecticut, selected as a New England Super Lawyers Rising Star in the area of Personal Injury Law for 2017, and recipient of the 2017 Connecticut Law Tribune New Leader in the Law AwardAs a young plaintiffs' lawyer looking to transition from motor vehicle cases to the arena of medical malpractice, I've found this book to be an invaluable resource. The idea of taking on a medical malpractice case can be a scary prospect for younger members of the bar, but Mike and Sean do an excellent job of providing the reader with the necessary tools to take such a case from intake to conclusion. Just as Mike and Sean have empowered juries to return scores of spectacular verdicts, they will empower you to embrace your next (and perhaps first) medical malpractice case.
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