Page 56 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

It has been our experience that juries do not expect perfection.

They do expect physicians to be caring, compassionate, and
competent. In their minds, jurors are asking themselves

throughout the trial, “Would I want this physician to treat me or

my loved ones?” The direct examination is the defendant’s
opportunity to shine and answer that question in the jurors’

heads with a resounding “Yes!”.

As Harvard professor and noted witness preparation expert,
Linda Crawford, JD, has written, “Presuming the medicine is

sound (not perfect), the physician who passes the character

test will be given the benefit of the doubt on his or her
medicine.” The physician’s character is as much on trial as
12
the medicine.

What can the defendant do? PREPARE, PREPARE, PREPARE.
Your medical judgment is being attacked and the outcome of

this trial could affect your professional reputation for the rest of
your career. Devote the time to your case that it deserves.

Block off several days for preparation sessions with your

attorney. Just as you may have had mock depositions to
prepare for your earlier examination by the plaintiff’s attorney,

many defense attorneys like to conduct mock trials to

determine how you will best present to the jury. The more you
practice, the more comfortable and confident you will be at

trial but be mindful not to sound overly rehearsed or too
scripted.

12 “Why Winners Win: Decision-Making in Medical Malpractice Cases” Linda S. Crawford, JD. (2007).

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