News & Analysis as of

Jury Trial Medical Malpractice

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

Arnall Golden Gregory LLP

Amicus Brief Filed Urging Georgia Supreme Court to Uphold Wrongful Death Award Statutory Cap

On behalf of two of the state’s largest healthcare associations — the Georgia Hospital Association (“GHA”) and the Medical Association of Georgia (“MAG”) — AGG Healthcare attorneys Jason Bring, Jerad Rissler, and Lisa Churvis...more

Goldberg Segalla

Fervent Defense Brings Favorable Outcome in Long-Running Malpractice Case

Goldberg Segalla on

A fervent and insightful defense waged by Goldberg Segalla partner Michael D. Shalhoub and attorney Rebecca R. Rabideau secured a defense verdict in favor of a dentist accused of malpractice in a lawsuit that dragged on for...more

IMS Legal Strategies

5 Tips for Med Mal Expert Testimony from a Hot Seat Veteran

IMS Legal Strategies on

As a presentation technology consultant, I have been sitting in the hot seat for almost 25 years. I average one trial a month with about 75% being medical malpractice (med mal) cases. I work with both plaintiff and defense...more

Weber Gallagher Simpson Stapleton Fires &...

Empowering Employer Representation: Key Ruling Enhances Rights of Employers in New Jersey

In the recent unpublished case, Labega v. Joshi, 2024 N.J. Super. Unpub. LEXIS 157, the New Jersey Appellate Division issued a decision that is favorable for all employers in the State. The Court held that where an employer...more

Marshall Dennehey

Jury Instruction About a Defendant’s Absence at Trial Was an Abuse of Discretion

Marshall Dennehey on

Hounchell v. Durrani, 1st Dist. Hamilton No. C-220021, 2023-Ohio-2501 (Jul. 21, 2023) - The trial court permitted a jury instruction that allowed the jury to not only consider the fact that the physician defendant, who was of...more

Searcy Denney Scarola Barnhart & Shipley

A Tale of Tragedy and Justice

The case involved a loving couple who came to the U.S. from Cuba in 2013 to live with their extended families in Miami and for a better life. Three years later that American dream ended in heartbreak and the tragic,...more

Hinshaw & Culbertson - Health Care

Improper Remarks During Closing Argument Reverse Defense Verdict: Hinshaw's Annual Guide to Key Illinois Medical Malpractice...

Can comments intended to inflame the passions of the jury, even if directed at a non-party, result in error? Michael Konewko v. Advocate Health and Hospitals Corporation d/b/a Advocate Good Samaritan Hospital 2020 IL App...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

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

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