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Medical Malpractice Litigation Strategies Defense Strategies

Marshall Dennehey

Strategies for Combatting Reptile Theory in Medical Malpractice Trials

Marshall Dennehey on

The Reptile Theory is a litigation strategy intended to activate jurors’ survival instincts during trial and is designed to induce fear over logic and reason when hearing a case. Rather than focusing on the standard of care...more

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - October 12th - 13th, Philadelphia, PA

Obstetrics malpractice claims continue to be the most expensive within the medical malpractice arena. The unparalleled faculty of claim specialists, risk managers, medical experts – as well as a wide array of plaintiff and...more

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - June 27th - 28th, Philadelphia, PA

Hosted by the American Conference Institute, the 21st Annual Advanced Forum on Obstetric Malpractice Claims returns in June with curated content that will ensure that you stay current on the evolving standards of care,...more

Miles & Stockbridge P.C.

Md. High Court to Defendants: Don’t Show Up Empty Handed When Using the “Empty Chair” Defense

The “empty chair” defense, where the defendant denies responsibility for the plaintiff’s injuries and blames a person absent from trial (i.e. the “empty chair”), can be extremely effective in tort actions. The Court of...more

Holland & Hart - Your Trial Message

Med-Mal Defendants: You Want a Jury of Educated Legal Skeptics

For trial lawyers, there is a great deal of lore on the kinds of jurors you would want for particular cases. While some attorneys will focus on traits like gender, age, or occupation, the smarter course, in my view, is to...more

NAM (National Arbitration and Mediation)

The Mediation Of Catastrophic Injury Medical Malpractice Cases

In order to reach a fair and equitable settlement when mediating catastrophic injury medical malpractice cases, it is essential for the respective parties to provide the mediator with detailed medical chronologies (timelines)...more

Holland & Hart - Your Trial Message

Expect Some Favoritism for Those on the Front Lines

As the national and international coronavirus crisis is still moving toward its peak, one of the few bright spots has been hearing about the daily acts of support for the many medical professionals who are on the front lines...more

Robins Kaplan LLP

[Event] 2019 Trial Advocacy Seminar: Back to Justice - October 14th, Minneapolis, MN

Robins Kaplan LLP on

The future is now. Artificial intelligence is all around us, from our homes to our workplaces to our hospitals. Automobiles drive themselves. Wearable devices track our every move and measure our health. Our genetic code can...more

Esquire Deposition Solutions, LLC

Successful Techniques for Deposing a Physician Defendant

The most critical aspect in the defense of a medical malpractice lawsuit is the deposition of the physician defendant. Since the majority of medical malpractice actions are concluded prior to trial, the deposition is often...more

Holland & Hart - Your Trial Message

Doctors, Don’t Expect a Partial ‘Sorry’ to Reduce Liability

Across the U.S., physicians are increasingly allowed to say “I’m sorry” without it being used as evidence against them in court. These apology laws, now on the books in 39 states and the District of Columbia, are directed at...more

Holland & Hart - Your Trial Message

Emphasize Participation in Informed Consent

There’s a logical reaction when one hears about some of the claims that end up as the basis for a medical malpractice claim. That reaction might go something like this: So the injury that the plaintiff complains of,...more

Holland & Hart - Your Trial Message

Be Craftier than the Snake: Observations from DRI’s 2018 ‘Reptile’ Seminar

I have had a long-running interest in Don Keenan and David Ball’s perspective on plaintiffs’ trial and discovery advocacy called “The Reptile,” the notion that one can motivate jurors to side with a plaintiff by tapping into...more

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