Controlling the Narrative and Keeping Momentum in a Med Mal Trial with John Perkosky

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Episode Summary

In this episode of Trial & Medical Error, med mal litigators Brendan Lupetin and Greg Unatin welcome Pittsburgh, Pennsylvania based trial lawyer, John Perkosky, to the show. The trio discuss the record setting $16 million jury verdict John obtained in a Pennsylvania medical malpractice wrongful death case, that resulted in the death of a baby in her 36th week. Their conversation covers the story of the case, including why it went to trial. They also discuss John’s personal approach to opening statements, how he handled the issue of whether to call the defendant doctor in his case-in-chief, critical cross exam testimony, a dramatic courtroom moment, and a tried and true closing argument strategy.

Episode Preview

  • John’s journey to becoming a trial lawyer
  • Countering the “halo effect” when trying a med mal case against a doctor
  • Preeclampsia, pregnancy complications, and protocols
  • Honing in on lapses in care and key supporting facts
  • Obstetricians can treat pregnancies “on autopilot”
  • Why the case went to trial despite strong facts on the plaintiff’s side
  • The power of a hook in an opening statement
  • Arguments for and against calling the defendant doctor during case-in-chief
  • Key moments in the trial
  • Highlights from John’s closing

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Guest Attorney John Perkosky

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