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Month: April 2018

UNDERSTANDING WHY JURORS WANT TO BLAME THE INJURED PLAINTIFF

UNDERSTANDING WHY JURORS WANT TO BLAME THE INJURED PLAINTIFF

Tom Wolfe, in his book The Right Stuff, described how military pilots reacted when a fellow pilot was killed during test flights. He wrote: “The other pilots shook their heads and said it was a damned shame, but he should have known better than to wait so long before lowering the flaps.” When another friend was killed after climbing and then diving straight into the bay, they said  “How could anybody fail to check his hose connections? And how could…

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MISCELLANEOUS IDEAS REGARDING MEDICAL MALPRACTICE CASES

MISCELLANEOUS IDEAS REGARDING MEDICAL MALPRACTICE CASES

Medical malpractice cases are some of the more difficult liability cases we are asked to handle for injured clients. In these cases, words and phrases can often be of particular importance. For example, statements that combine common sense with ideas of negligence are powerful: “Caution and double checking is a part of good medical care.” Another idea is when introducing a statement consider using rhetorical questions rather than statements. For example: Why are we here? What did the doctor do…

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