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Medical Malpractice: Trial Tactics

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Medical Malpractice: Trial Tactics

Workshop Description/Agenda

Creative Tips and Tactics for Plaintiffs' and Defense Attorneys

Taking medical malpractice cases all the way to verdict is an expensive and often risky endeavor - so it's important to have your trial skills and medical knowledge in tiptop shape. In this program, seasoned plaintiffs' and defense attorneys will show you best practices and inventive tactics that will maximize your chances of succeeding in the courtroom. Sharpen your medical malpractice trial skills - register today!

  • Hear from both sides: anticipate opposing counsel's strategy and add to your own arsenal.
  • Maximize your odds of victory before you even set foot in the courtroom with effective pretrial techniques.
  • Pick a winning jury: plant favorable impressions, reveal biases and eliminate unfavorable jurors.
  • Learn how to craft potent case themes and deliver compelling opening statements.
  • Get your evidence admitted while missing no opportunities to disarm your opponent.
  • Deal a powerful blow to opposing medical expert testimony in cross-examination.
  • Find out how to skillfully address different elements of your case during closing arguments.


11:00 am - 6:00 pm Eastern Standard Time

  1. Case Evaluation and Trial Preparation Pointers
    11:00 - 11:45, James M. Hofert
    1. Some Words on Med Malpractice Tort Reform
    2. Settle or Try? Evaluating the Plaintiff's Case
    3. Pro Tips for Improving Mediation and Settlement Results
    4. Finding Excellent and Reputable Medical Experts
    5. Preparing Your Client, Experts and Yourself
    6. Using Focus Groups
    7. Exhibits and Pre-Trial Motions
    8. Securing the Most Favorable Venue
  2. Jury Selection/Voir Dire: Picking a Winning Jury
    11:45 - 12:30, Ashley D. Alfonso
    1. Juror Biases and Beliefs
      1. About Plaintiffs and Lawyers
      2. About Doctors, Nurses and Other Medical Professionals
    2. Juror Profiles, Planning and Preparation Tips
    3. Introducing Case Information and Concepts
    4. Lessening the Impact of Opposing Counsel's Questions
    5. Voir Dire Questions and Tactics
    6. Using Your Challenges Strategically
    7. Saving Favorable Jurors From De-Selection
  3. Powerful Themes and Opening Statements
    12:45 - 1:30, Ashley D. Alfonso
    1. Case Themes That Leave a Strong Impact on Jurors
      1. Plaintiff's Case
      2. Defense's Case
    2. Organizing the Case; Order of Evidence, Witnesses and Proof
    3. Tips for Developing and Delivering Strong Openings
    4. Examples of Winning Opening Statements
  4. Evidence Admission and Objections: Medical Records, Bills and More
    1:30 - 2:15, James K. Theisen
    1. Medical Records and Medical History
    2. Medical Bills and Other Proof of Damages
    3. Medical Illustrations, Blow-Ups, Models and More
    4. Social Media Posts, Video, Texts, etc.
    5. Lay Witness Testimony
    6. Expert Testimony
  5. Direct and Cross-Examination: Strategies and Killer Questions
    2:45 - 3:30, James K. Theisen
    1. Maximizing Your Client's and Witness' Credibility
    2. Using Testimony to Prove or Disprove Negligence
    3. Causation Expert Testimony
    4. Simplifying Medical and Scientific Issues for Jurors
    5. Damages: Effectively Using Expert Testimony
    6. Before-and-After Witnesses
    7. Strategically Using Medical Records in Examination
  6. Medical Expert Cross-Examination Tactics
    3:30 - 4:15, James M. Hofert
    1. Investigating Past Testimony and Other Background Information
    2. Reviewing Medical Reports
    3. Preparing for Cross of Opposing Medical Experts
    4. Questioning Styles and Tactics
    5. Lines of Attack and Critical Question to Ask
    6. Bolstering the Opinions of Your Own Expert
    7. Using the Expert's Deposition at Trial
  7. Effective Closing Arguments and Jury Instructions
    4:30 - 5:00, James K. Theisen
    1. Closing Argument Techniques
    2. Addressing Case Weaknesses and Strengths
    3. Strategically Addressing Damages in Closing Arguments
    4. Sample Closing Arguments and Jury Instructions
  8. Ethical Issues in Medical Malpractice Litigation
    5:00 - 6:00, James M. Hofert
    1. Attorney Compensation
    2. Managing Client Expectations
    3. Conflicts of Interest
    4. Ethics of Using Witnesses
    5. Investigating and Communicating with Jurors

Who Should Attend

This program is designed for attorneys.

Additional Information

Training Provider: NBI, Inc.

Course Topics: Law Training > Health Care Law

Training Course Summary: Medical Malpractice: Trial Tactics

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