The key to success in medical malpractice is to make the case about something more than an error in human judgment committed by doctors or nurses. Jurors believe that mistakes can happen, and many doctors and nurses are likeable, well-intentioned, people who jurors do not want to punish with a large verdict. However, doctors and nurses are trapped in a for-profit medical system that creates perverse incentives that lead to bad patient care and poor outcomes. In many cases, the doctors and nurses are also victims of this system. The most compelling medical malpractice cases are those that go beyond individual acts of human error to uncover the underlying root cause of the problem—that is, the system failure. In this hour-long lecture, Attorney Gideon will demonstrate—and provide concrete examples of several cases and trials—how to identify and litigate the system-failure case in medical malpractice.

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TLU Live NYC (Replay) - Medical Malpractice: Identifying and Trying the System Failure Case