In The Medical Malpractice Trial, Michael Koskoff and Sean McElligott teach you how to successfully select, prepare, and resolve medical malpractice cases.
With easy-to-understand lessons that you can put into practice right away, Koskoff and McElligott sharp-shoot specific topics and common issues. They provide a thorough, nuanced discussion on the standard of care and show you how to turn this vital concept into an advantage for the plaintiff. And they demonstrate how to counter defenses that rely on medical judgment, the risk of the procedure, and typical defenses in a misdiagnosis case.
The authors incorporate references to several cases that cover a range of common malpractice areas with detailed examples. They also offer guidance on medical literature, demonstrative evidence, expert depositions, focus groups, damages, the psychology of persuasion, and how to frame a medical malpractice case.
Koskoff and McElligott provide proven methods for any trial lawyer looking to win their next medical malpractice case.
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- Introduction
- Part One: The Standard of Care
- Finding the Standard of Care
- The Medical Judgment Defense
- The Risk of the Procedure Defense
- The Misdiagnosis Case
- Part Two: A Battle Plan for Trial
- Opening Statement
- Order of Proof
- Trial Technology and Courtroom Optics
- Demonstrative Evidence
- Goals of Closing Argument
- Battle Plan for Final Argument
- Part Three: Starting the Lawsuit from Intake to Complaint
- The Take or No Take Decision
- Gathering Relevant Information about an Intake
- Practical Considerations about a New Case
- Get an Expert
- The Complaint
- Part Four: Nuts and Bolts
- Getting and Using Medical Literature
- Defending Your Expert’s Deposition
- Deposing the Defendant’s Expert
- Mediation
- Some Thoughts on the Psychology of Persuasion
- Focus Groups
- Some Thoughts on Framing a Medical Malpractice Case
- Conclusion
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What Legal Leaders Are Saying
— Rick Friedman, past president of the Inner Circle of Advocates and coauthor of Rules of the Road: A Plaintiff Lawyer’s Guide to Proving LiabilityKoskoff and McElligott have done what some thought impossible: they have written a clear, direct guide to handling medical malpractice cases. They survey common (and many uncommon) problems that confront plaintiffs’ lawyers and explain the options available for solving those problems. Straight talk and good advice from a med. mal. master and his protégé. Anyone thinking of handling a medical malpractice case should read this book.
— Steve Wizner, dean of the faculty of the National Board of Trial Advocacy and William O. Douglas clinical professor emeritus at Yale Law School.Is there any need for yet another book by a pair of successful plaintiffs’ trial lawyers about how to litigate a medical malpractice case? Don’t answer that question before you have read The Medical Malpractice Trial by Michael Koskoff and Sean McElligott. Your answer then will surely be a resounding yes. This book is an essential addition to your library, offering wise and practical analysis and advice to inform and guide even the most experienced trial lawyer. A highlight of the book is the long, thoughtful section on the standard of care, especially techniques for challenging defenses of ‘medical judgment’ and ‘risk of the procedure,’ and proving negligence in cases involving misdiagnosis. The book is worth the price for this section alone. But there is much more. The authors’ ‘battle plan’ for litigating a malpractice case makes it eminently clear why they are so successful in their representation of the victims of medical negligence.
— Brian Panish, president of the inner circle of advocates and managing partner of Panish Shea and BoyleThe Medical Malpractice Trial by Koskoff and McElligott is an excellent resource for both new and experienced trial lawyers looking to try a medical malpractice case. Everything you need to know, from A to Z, is in this treasure trove of information. The book provides many useful strategies for defeating the usual tackle box of defenses raised in medical malpractice cases. I highly recommend this book. It will help you win more cases.
— Randi McGinn, first woman president of the Inner Circle of Advocates and author of Changing Laws, Saving Lives: How to Take on Corporate Giants and WinFinally, a guide to the toughest kind of case a lawyer can face in the courtroom—medical malpractice. Based on their years of experience, Mike and Sean teach you how to find an expert, make sense of complex medical issues, and then—through the magic of framing and storytelling—help the jury grant justice. Whether you are trying your first medical malpractice case or have been doing this for years, you need this book in your briefcase.
— Mark Mandell, member of the Inner Circle of Advocates, past president of the AAJ, and author of Case FramingMike and Sean have written a book that combines the best of two worlds. It provides valuable practical suggestions, and also offers creative insights into the preparation and trial of a medical negligence case. It is an outstanding book.
— Joe Power, Jr. is the current president of the Inner Circle of Advocates and the past president of the Illinois Trial Lawyers Association and Public Justice. He has the largest medical malpractice verdict in Illinois history, and has never lost a medical malpractice case at trial.Finally, a first-rate book that provides invaluable insight and strategies on how to win medical malpractice cases at trial. Mike and Sean explore winning strategies, emphasizing three of the most important things that lead to success (storytelling, education, and empowerment). The book covers the gamut of subjects from taking the case (or not) to judgment. It is well known that in medical malpractice litigation, the defense wins more than they lose. I highly recommend reading this book to shorten those odds significantly.
— Michael J. Dolan, named to the National Trial Lawyers Top 40 Under 40 for the State of Connecticut, selected as a New England Super Lawyers Rising Star in the area of Personal Injury Law for 2017, and recipient of the 2017 Connecticut Law Tribune New Leader in the Law AwardAs a young plaintiffs' lawyer looking to transition from motor vehicle cases to the arena of medical malpractice, I've found this book to be an invaluable resource. The idea of taking on a medical malpractice case can be a scary prospect for younger members of the bar, but Mike and Sean do an excellent job of providing the reader with the necessary tools to take such a case from intake to conclusion. Just as Mike and Sean have empowered juries to return scores of spectacular verdicts, they will empower you to embrace your next (and perhaps first) medical malpractice case.