Winning Medical Malpractice Cases: With the Rules of the Road™ Technique

An essential new book. The copious real-life examples and analysis show how any well-prepared lawyer can create an algorithm to guide the jury toward a win for the deserving plaintiff. This book is a must before starting work on your next malpractice case.

Any lawyer who has tried a malpractice case against Patrick Malone is apt to comment, ‘You can’t outwork him.’ In this book, this consummate trial advocate demonstrates that he not only works harder, but smarter too. The examples from actual cases give those who handle cases of medical negligence an invaluable shortcut in their preparation and a masterful battle plan for success.

A superb service in providing attorneys with sound and tested practical wisdom which will allow them to succeed in bringing justice to their clients. This is required reading for anyone who represents victims of medical negligence.

Every reader of this book will gain practical tips into all aspects of courtroom litigation. Malone manages to make the reader understand what a jury will be thinking as evidence is presented, and he demonstrates how persuasion can be done more effectively in every facet of the trial.

Pat Malone and Rick Friedman show how the Rules of the Road [technique] applies to medical negligence cases. By setting out the concepts, then annotating trial transcripts, and finishing with guidelines for preparing your case, they truly take the reader from theory to practice. But most important, they show by example what all those who advocate for patients strive to achieve-taking the seemingly complex and reducing it to its most essential, simple, easily understood form.

An extraordinary job of meeting an enormous challenge. Pat Malone has taken fundamentals of persuasive communications and placed them into the critical framework of what juries value and believe about our medical care system. These fundamentals hold true in both politics and the courtroom. We have to do a better job of listening to our clients/constituents to find better frames to tell their stories in language and images that are clear, concise, and compelling. Whether you are standing in front of a jury or in front of a town hall meeting, Pat and I agree that words matter, values matter, and beliefs matter.

Pat Malone and Rick Friedman’s newest is a compelling assessment of our losing battle against the carnage of medical errors with solid advice to turn it around.

[This] book is revolutionary in bringing to the table the science of what makes the human mind move for, or against, one in trial. It has helped me tremendously in my work.

I learned something of value on virtually every page of this brilliant work. This insightful book is a necessary addition to the library of every attorney who seeks to provide the best possible representation for the victims of medical professionals who do not follow patient safety rules.

Pat Malone is truly one of the finest lawyers in the United States. The thoughts in this book are as valuable to the new lawyer as one who has tried many cases for many years. The approach is fresh and persuasive. This is a terrific effort, and I think it would be malpractice not to read every word.

In forty-five years of practice, I have tried more than sixty medical malpractice cases to verdict. With Malone’s treatise, I’m ready to try another sixty. This is an excellent practical guide.

Pat Malone’s book is a must-read for the beginner trial lawyer and the seasoned practitioner. It provides a ‘how-to’ guide from a master in the field of trial advocacy, brimming with helpful tips and great ideas on every page.

A breakthrough for medical malpractice trial lawyers. A masterful combination of telling how it should be done and showing how it’s done in the courtroom. Malone and Friedman’s book has so much wisdom to digest that I’m reading it again and again.

This book is a gift to victims of medical malpractice and their attorneys. Patrick Malone and Rick Friedman have not only disclosed and described their strategies and techniques for achieving successful outcomes in medical malpractice cases through application of their Rules of the Road technique, but they have also provided extensive examples, drawn from three of their own cases, of factual investigation, discovery, trial preparation, jury voir dire, opening statements, direct and cross-examination of expert witnesses, and jury summations. Even experienced plaintiff’s malpractice lawyers will learn a great deal from these examples, and from the authors’ observations, explanations, and practical advice. This is a wise and useful guide to the representation of clients in medical malpractice cases.

It was a double pleasure to read Pat Malone’s clear prose, and then to watch over his shoulder as he tried cases and showed readers the high points plus the warts that happen in any trial. I started putting sticky markers on pages where I wanted to go back and make note of a nugget that I wanted to remember for sure. Before I knew it, I had used up a couple of pads of stickies! That’s how many great new ideas I found in here, and I’ve been trying medical malpractice cases for forty-two years.

Rick Friedman and Patrick Malone’s original Rules of the Road book was a breakthrough in litigating personal injury cases and fighting against those who would destroy our tort system. This follow-up book by the outstanding Patrick Malone is an informative and important work that helps bring their powerful technique to the medical malpractice field, where those who are injured face the largest of stacked decks. This book and Patrick’s enlightening examples will be indispensable for those who are in the trenches fighting for injured citizens at the front line of the tort reform battle.