Welcome to Trial Tactics in Medical Malpractice!

We are excited to meet each of you.

This semester, we’ll take an unflinching look at one of the most challenging and fun areas of litigation—cases that demand rigorous preparation, understanding of medicine, and the skill to make complex issues clear to a jury. We’ll focus on strategy, themes, precision, and advocacy at every stage of trial, from jury selection to opening statement, examining fact and expert witnesses and delivering a compelling closing. Our goal is that by the end of this course, you will not only know the pertinent law, but you will have the practical tools and confidence to stand in a courtroom and try a medical malpractice case effectively.

For your first assignment, please read the attached mock case, Thomas v. Davis, which is your case for the semester. Please also read the accompanying jury instructions. During our first class, you will be assigned as counsel for either Plaintiff or Defendant. The jury instructions will guide you as to what Plaintiff must prove to prevail and start you thinking about trial strategy.

Please read Chapters 1 and 2 of McElhaney's Trial Notebook and Chapter 1 of Trial Techniques. Please be prepared to discuss themes and strategies for both Plaintiff and Defendant in the Thomas v. Davis case. As we talk about the witnesses, we will also address credibility.

Your first assignment also includes reading Bruni v. Tatsumi, attached. Please be prepared to discuss standard of care, causation and damages and the accompanying burden of proof.

Finally, attached is your syllabus. Please do not hesitate to call us with any questions, comments and/or concerns.