THE QUESTION OF “WHY?” IS A WHOLE LOT MORE IMPORTANT THAN “WHAT HAPPENED?”

THE QUESTION OF “WHY?” IS A WHOLE LOT MORE IMPORTANT THAN “WHAT HAPPENED?”

I have written in this blog on many occasions about  the scientific research that the motive and reasons behind the conduct which caused the injury to your client is far more important than the facts about the negligent conduct. Proving the negligence is not the same thing as going behind the conduct and proving why the conduct took place. The doctor in a hurry is not the same case as the doctor failed to meet the standard of care in doing surgery….

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BRIEF THOUGHTS ABOUT JURY COMMUNICATION

BRIEF THOUGHTS ABOUT JURY COMMUNICATION

For many years jury consultants  Starr & Associates,  http://starrandassociates.net/ published  Insights a newsletter with information about communication with jurors. I saved an article from 1991 entitled: “television has changed the way jurors learn.” The points that were made then are still valid today. The article pointed out that jurors learn the great majority  of their information from TV. Roughly 80% of all Americans get 90% of their information from television. The problem is that communication in the court room and communication through…

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SWIMMING WITH THE SHARKS

SWIMMING WITH THE SHARKS

In 1981 in the American Journal of Nursing published an article by Voltaire Cousteau he titled: “How to Swim with the sharks: A primer.” The author died in Paris in 1812. Apparently he was an ancestor of the modern Cousteau and this article was written for the benefit of sponge divers. It was previously translated from French and reprinted in 1973 in a medical journal. While  it was written for a different audience I kept it because it seemed to…

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