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.
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- 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
- Some Thoughts on the Psychology of Persuasion
- Focus Groups
- Some Thoughts on Framing a Medical Malpractice Case
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What Legal Leaders Are Saying
— Rick Friedman, past president of the Inner Circle of Advocates and coauthor of Rules of the Road: A Plaintiff Lawyer’s Guide to Proving Liability
Koskoff and McElligott have done what some thought impossible: they have written a clear, direct guide to handling medical malpractice cases. They survey common (and many uncommon) problems that confront plaintiffs’ lawyers and explain the options available for solving those problems. Straight talk and good advice from a med. mal. master and his protégé. Anyone thinking of handling a medical malpractice case should read this book.