This workshop will cover the cross examination of the defendant doctor from Patrick’s trial where he represented a brain damaged child, who filed a medical malpractice case against a doctor, nurse, and health system. The workshop will discuss: properly framing who the defendant doctor is, establishing the foreseeable harm to setup the standard of care, using general standard of care questions to apply to the facts of the case in a persuasive way, being prepared to capitalize on mistakes with proportional preparation based on what is most important at trial, and using conduct to show causation. Successful examination of the defendant doctor can have a dramatic effect on how the jury views the rest of the evidence. By winning this battle, the plaintiff’s lawyer puts his client in a much better position to win the war.

• Preparation – is this the make or break examination of the case?
• Get off to a good start
• Reading the witness
• Ready to capitalize on mistakes
• No oxygen for the witness
• Escape hatches
• Telling the story through the defendant