This is as important astage as any other. While it doesn't give you the possibility of preventing the problem, or the focused drama of a courtroom, it will likely determine the outcome.

There are a number of issues to confront, and one approach is the workbook which is covered in another section. But key things you have to accomplish are:

1) Thoroughly review the chart in order to mine for both the things that support you and those to be used against you. Small inconsistencies and overlooked statements and measurements take on significance far different than in active patient care. Much of this results from the fact that the trial is so removed from clinical medicine. The chart takes on a larger role than in clinical care and there is no professional medical culture.

2) Plaintiffs lawyers say there is a theme to every trial, and you should consider this. Develop your theme and you be more ready for theirs.

3) In addition to the importance of the chart, consider your demeanor in presenting yourself in the courtroom will have a great impact. This is often used by the plaintiffs attorney to attempt to take away credibility from what you present. It is not unusual to have weaknesses in this because the clinical environment is so different from a courtroom. You probably should not try to change yourself to radically, but some sail trimming and personal growth would be of great value now.

4) Billing issues, real or groundless, can become major issues in a trial. Your job is to prevent that through preparation. An expert witness in billing can help.

5) The other side has a playbook of weaknesses they look for and can present. Whether they are real or not may be secondary. It's important to head these off by creating a greater credibility on your side, that is not likely to be challenged. Remember, you may be quite surprised by what an expert witness will say, and it may be at odds with anything accepted in a training program.

6) Select your expert witnesses well in advance. It can take many months to find one. They are usually busy, and may find this a considerable imposition. Even with a significant fee some physicians may take a financial loss for the time involved. The fee will be revealed, and one too high reduces the expert's crediblity.

7) Try to think backwards from the tiem of the jury's deliberations. This is no easy matter. What sticks in the memory of those in the jury box, and the weight they give it is the key determining factor.