The Medical Malpractice Trial

Is there any need for yet another book by a pair of successful plaintiffs’ trial lawyers about how to litigate a medical malpractice case? Don’t answer that question before you have read The Medical Malpractice Trial by Michael Koskoff and Sean McElligott. Your answer then will surely be a resounding yes. This book is an essential addition to your library, offering wise and practical analysis and advice to inform and guide even the most experienced trial lawyer. A highlight of the book is the long, thoughtful section on the standard of care, especially techniques for challenging defenses of ‘medical judgment’ and ‘risk of the procedure,’ and proving negligence in cases involving misdiagnosis. The book is worth the price for this section alone. But there is much more. The authors’ ‘battle plan’ for litigating a malpractice case makes it eminently clear why they are so successful in their representation of the victims of medical negligence.

The Medical Malpractice Trial by Koskoff and McElligott is an excellent resource for both new and experienced trial lawyers looking to try a medical malpractice case. Everything you need to know, from A to Z, is in this treasure trove of information. The book provides many useful strategies for defeating the usual tackle box of defenses raised in medical malpractice cases. I highly recommend this book. It will help you win more cases.

Finally, a guide to the toughest kind of case a lawyer can face in the courtroom—medical malpractice. Based on their years of experience, Mike and Sean teach you how to find an expert, make sense of complex medical issues, and then—through the magic of framing and storytelling—help the jury grant justice. Whether you are trying your first medical malpractice case or have been doing this for years, you need this book in your briefcase.

Mike and Sean have written a book that combines the best of two worlds. It provides valuable practical suggestions, and also offers creative insights into the preparation and trial of a medical negligence case. It is an outstanding book.

Finally, a first-rate book that provides invaluable insight and strategies on how to win medical malpractice cases at trial. Mike and Sean explore winning strategies, emphasizing three of the most important things that lead to success (storytelling, education, and empowerment). The book covers the gamut of subjects from taking the case (or not) to judgment. It is well known that in medical malpractice litigation, the defense wins more than they lose. I highly recommend reading this book to shorten those odds significantly.

As 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.