In a med mal case, it’s easier for people to hold an entity responsible–like a hospital–and make them pay, rather than blaming an individual–like a doctor. Therefore, how you work up a med mal case matters. It’s the difference between working up a case that is easier to win versus a case that is harder to win. What kind of case do you want?
Medical malpractice cases are complicated for the jury. You have to help them understand the medicine, the deviation, how the mistake was made, and why the mistake led to the harm. You have to try to simplify the case as much as possible.
In this episode of Trial & Medical Error, litigators Brendan Lupetin and Greg Unatin discuss a recent orthopedic medical malpractice case they took to verdict–a case they felt had real merit, but did not end up going their way.
As a plaintiff’s attorney your job is to do a deep dive and understand the minutiae of the medicine–along with the specifics of the case, the claims, and the causation–so you can tell the story of the plaintiff in a language that the jury can understand.
Concussion cases can be difficult. The injury is invisible. The jury is skeptical. But there is a formula to success. Do you know it?
