The Medical Malpractice Trial

Michael Koskoff & Sean McElligott

28 Reviews
Format: Paperback
Condition: New
Sale price$145.00

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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paperback: 330 pages; 1st edition (2019); ISBN: 9781941007853
Publisher: Trial Guides, LLC; AAJ
  • 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

What Legal Leaders Are Saying

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.

— 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
4.9 out of 5 stars Based on 28 reviews
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William B.
Verified Buyer
This is an incredible, inspiring read with practical advice on how to implement not only their own, but many of the other trial masters' techniques in one of the most difficult, stacked arenas out there. When I have doubts and fear as I approach my next
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James B.
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A well written, easy to
A well written, easy to digest treatise on medical malpractice including theories of recovery, trial strategies, use of demonstrative evidence at trial, as well as practical approaches to the intake of medical malpractice cases. I highly recommend it
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Patrick R.
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Outstanding new publication regarding all
Outstanding new publication regarding all aspects of medical malpractice litigation. Highly recommended.
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Jordan Y.
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An excellent, practical guide to malpractice law.
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David C.
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Must own!
I have already reviewed this book as positively as any I've ever read. It's 100% a winner! I think Trial Guides asked me to rate this book again because I've bought it for several colleagues and likely will for others. It's exceptional! I also recommend
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