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Category: Trial

One page case outlines of key points at trial

One page case outlines of key points at trial

I like to have a one page outline of what the talking points are for my case at trial. Here is an example from a trial several years ago against a medical device manufacturer whose producthad a defectwhich they learned about, but didn’t warnabout. The defect resulted in a false positive test result of cancer fora young, newly married woman when she really didn’t have cancer. After two years of unnecessary and very drastic cancer treatment it was discovered the…

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Tao te ching and the art of being a plaintiff trial lawyer

Tao te ching and the art of being a plaintiff trial lawyer

According to tradition, Tao Te Ching was written around the 6th century BC by a Taoist master. The true author and the actual date is not known. The philosophy is from the Taoist school and the writing has been translated into over 250 Western languages. Since it was written in classical Chinese and no pronunciation marks were used the translation is subject to interpretation. Some of the ideas in the Tao Te Ching seem to me to be worth reviewing…

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How doctors think

How doctors think

Dr. Jerome Groopman, M.D. has written How Doctors Think (Mariner Books) It has some helpful information for lawyers. I was interested in the following description of how doctors are trained to make a diagnosis. He says: "Medical students are taught that the evaluation of a patient should proceed in a discrete, linear way: you first take the patient’s history, then perform a physical examination, order tests, and analyze the results. Only after all the data are compiled should your formulate…

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