I’m providing an outline from a trial several years ago involving a medical malpractice case. The case involved the birth of a child which was supervised by a midwife and then transferred to a hospital for the birth. I would make revisions in this outline if I were to try the case today. However, I wanted you to see an actual format that would allow you to make your own revisions for a similar case tried today. In addition, there…
Trial lawyers involved in persuasion and communication should study how the human brain functions. Here are a few facts to help us understand more about our brain. See the book Incognito: The Secret Lives of the Brain by David Eagleman for a full description of facts and information The Brain The brain is three pounds of the most complex material we have discovered in the universe. This is the mission control center that drives the whole operation. Your brain is…
I have some personal views about plaintiff representation of a medical malpractice case based upon experience and research. The basic ones include: (1) trials are struggles for juror impression and not a contest of rational logic. (2) Values and strongly held beliefs along with significant past experiences have a powerful impact on decisions vs rational logic and (3) proof of betrayal is significantly more powerful than proof of a medical mistake or negligence. To outline what we all know from…