Winning Medical Malpractice Cases: With the Rules of the Road™ Technique

Patrick Malone with Rick Friedman

Format: Paperback
Condition: New
Sale price$175.00

The authors of Rules of the Road return with this practical guide to all aspects of successfully representing patients in medical malpractice lawsuits. Straightforward and accessible, this book provides essential advice not merely for malpractice cases but also for all civil cases.

Readers will find answers to questions such as:

  • How do I best frame my case to show the jury that a verdict for the plaintiff will improve community safety?
  • What are the most powerful "Rules" that will show the jury why the patient deserves to win and that will motivate jurors to deliver full justice?
  • How do I best use my expert witnesses and keep them from stepping into defense traps?

The authors show step-by-step, with detailed annotations of actual trial transcripts, how to:

  • Construct an effective opening statement
  • Burst the credibility balloon of the defense expert
  • Lay the evidentiary groundwork for a powerful closing argument
  • Use literature to the best effect
  • And much more


This title is part of the Rules of the Road™ series by Trial Guides™

malone malone malone malone malone friedman friedman

Paperback: 596 pages; First (2012); ISBN: 978-1941007693
Publisher: Trial Guides, LLC
  1. Part One: What Matters and What Doesn't
  2. Why We Lose and How We Can Do Better
    • Words Matter
    • Values Matter
    • Beliefs Matter
    • Placing Medical Facts into the Framework of the Jury's Values and Beliefs
    • Finding the Persuasive Frame
    • Finding Better Frames by Listening to Clients
    • Stirring Jurors to Take Action for Fellow Patients
  3. Part Two: Surgical Malpractice and Informed-Consent Trial: Wood v. Tzenfg
  4. Introduction to Wood v. Tzeng
  5. Plaintiff's Opening Statement: Surgery Case
    • Commentary
  6. Testimony of the Plaintiff's Liability Expert
    • Direct Examination of the Plaintiff's Liability Expert
    • Cross-Examination of the Plaintiff's Liability Expert
    • Plaintiff's Redirect Examination
    • Commentary
  7. Cross-Examination of the Defense Expert
    • Plaintiff's Voir Dire Cross-Examination
    • Resumed (Substantive) Cross-Examination of the Defense Expert li>
    • Commentary
  8. Cross-Examination of the Defendant Doctor
    • Commentary
  9. Cross-Examination of the Second Defense
    • Surgical Expert
    • Commentary
  10. Closing Argument: Surgery Case
    • Commentary
  11. Plaintiff's Rebuttal Closing Argument
    • Commentary
  12. Part Three: Birth-Injury Malpractice Trial: Jameson v. Lewis by Rick Friedman
  13. Introduction to Jameson v. Lewis
    • Rules of the Road
  14. Voir Dire
    • Commentary
  15. Plaintiff's Opening Statement: Birth-Injury Case
  16. Direct Examination of the Defendant Doctor
    • Commentary
  17. Part Four: Wrongful Death Cancer Malpractice Trial: Semsker v. Lockshin
  18. Introduction to Semsker v. Lockshin
  19. Plaintiff's Opening Statement: Cancer Case
    • Commentary
  20. Direct Adverse Examination of the Dermatologist Defendant
    • Dermatologist Defendant
    • Commentary
  21. Direct Examination of the Plaintiff's Dermatology Expert
    • Voir Dire Cross-Examinatio of the Palintiff's Dermatology Expert
    • Resumed Direct Examination of the Plaintiff's Dermatology Expert
    • Commentary
  22. Direct Adverse Examination of the Family Practitioner Defendant
    • Commentary
  23. Direct Examination of the Plaintiff's Internal Medicine Expert
    • Commentary
  24. Plaintiff's Closing Argument: Cancer Case
    • Commentary
  25. Part Five: Bringing It All Together: The Nuts and Bolts of a Medical Malpractice Case
  26. Selection
    • Selecting Yourself
    • Selecting Clients
    • Selecting Cases
    • Selecting Defendants
  27. Discovery and Investigation
    • Getting the Documents
    • Experts: Their Care and Feeding
    • Adverse Experts: Obtaining More Documents
    • Adverse Experts: To Depose or Not to Depose
    • Defending Against Surprise Use of Medical Literature
    • Discovering Helpful LIterature for the Plaintiff
    • Overdisclosure the Plaintiff's Case
    • 30(b)(6) Depositions: Corporate Spokespersons
    • Asking Big-Picture Questions While Deposing Defendants
    • Location, Location, Location
    • Spoliation
    • Scheduling Discovery
  28. Preparing for Trial
    • Connecting to Your Client
    • Focus Groups
    • Occam's Razor
    • Preparing for expert Cross-Examination
    • Motions in Limine
    • Rules of the Road
  29. A Final Thought
  30. Index

What Legal Leaders Are Saying

The blending of the Rules of the Road into specific cases, from voir dire through closing argument, is handled brilliantly. This book is an invaluable tool for all trial lawyers. I highly recommend Winning Medical Malpractice Cases: With the Rules of the Road Technique to any trial lawyer interested in exploring innovative ideas and techniques which will most importantly inure to the benefit of our clients.

— Joseph A. Power Jr., past president of Public Justice and the Illinois Trial Lawyers Association