Defense attorneys in medical negligence cases must often overcome jurors’ natural tendency to engage in hindsight bias when they consider a doctor’s care. At trial over the communication and treatment surrounding a Florida woman’s ectopic pregnancy, Louis La Cava’s closing on staff expectations and an artful warning on hindsight bias helped clear the doctors that treated her.
Topics: Medical Malpractice, Florida, Santana v. Exodus Women's Health, et al.
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Tampa, FL— Jurors Thursday evening cleared a trio of doctors at trial over an ectopic pregnancy that left a woman unable to naturally conceive. Santangelo-Santana v. Exodus Women’s Center, Inc., et al., 2015CA001646.
Topics: Medical Malpractice, Florida, healthcare, Santana v. Exodus Women's Health, et al.
While medical malpractice trials often focus on a battle of experts and complicated standards of care, sometimes an argument appealing to a jury's "common sense" can be the most effective way to turn a case. In a med mal trial over a patient’s blindness, Paul Weathington’s forceful close deftly keyed on expectations of treatment and follow-up care responsibilities to help clear a Georgia neurologist.
Topics: Medical Malpractice, Georgia, Izundu v. Choi, et al.
Topics: Medical Malpractice, healthcare, Nevada
Arguing damages stemming solely from non-economic loss can be difficult: A jury has no hard set of numbers to use as a starting point in calculating an award, while surviving plaintiffs' ability to cope following an incident can be used as an argument to mitigate non-economic loss. However, in closings of a 2019 damages-only trial over the death of a Florida mother hours after childbirth, Todd Michaels secured an eight-figure win by upending a defense contention on non-economic loss.
Topics: Medical Malpractice, Florida, vargas-chavez v. gonzalez-garcia, et al.
