Worksheet System of Defense:
Counter the Confusion from the Plaintiff.

Date of Event:

List:  The key items

Investigate: Each Item

Expunge: So thorough a counter to a point is made that it prevents credibility of the point.

Show: Memorable story emerges showing truth with consistency.

Summation: What can plaintiff say, unanswered, true or not, that will register with the jury? What is his story?

Jury Box:  List Again: What Gets in, What Connects, What Pattern, What Sways,
Identify With, Understand, Decision Points. Try to make your theme and story telling & compelling

Summary: Summarize the clinical case.

Running List of Chart Extracts That Present the Key Details:
Complete record quotations that bear on the case in date order.

1) Key Records Points:
a) Defendant’s statements.
b) Supporting studies .
c) Omissions of recognition.

2) Contradictions:
a) Statements
b) Missing Records or Studies
c) Witnesses

3) Weaknesses:

4) Areas you are or could be responsible for:
(Judged by different standards than other facts.)

5) Other Opinions:

6) Follow-ups on Course or Studies:
a) Show involvement.
b) Eliminate hypothetical causes for complications that can be used against you.
 
7) Bills:
a) Correctness of codes
b) Have justification for PA, NP, etc
c) Payment errors

8) Points other side can use:

Principles:
Lay a foundation for the medical care and rationale, but succinctly without too much time.

The jury needs to believe they can decide the point based on common sense.
The plaintiff will make them feel heroic in their duty, so you must too.
Keep phrases undissectable, so that a phrase or sentence cannot be taken out of context for the opposite meaning.

Don’t be isolated from the record in any position

Experts tend to cancel, construct an expert and a half:
1) Narrow the issues you want to expert to connect with
2) Try to avoid the possibility for any contradiction with the defendant, even if small, ask them not to make strong statements in response to Plaintiff’s questions
3) Buttress key issues with other records or witnesses.
4) Take any key issue for which you can still get another formal reading or opinion in the record, and get it in the record.

Know what hearsay is and try to avoid objections based on it:

Watch out for objection amputation, when the attorney pops up to object and cuts you off, that drops what you say, or diverts attention.

Work backward from the possible summation when you consider your statements, remember the plaintiff has the last word, can lie and there is no answering it, and may well save some things up just for this purpose.

Demeanor in testimony, this must be understandable, consistent and credible to a lay jury.

Treat every problem proactively.

Fit the responses together in such as way as to not tire or overwhelm the jury.

Build the record as a unit.

Consistency of your witnesses is key, it is an attack point on facts, but it also makes them more forgettable or easier to disregard.

Forgetfulness: A key tool of the other side is to make some facts forgettable, or push them out with other statements.

Blow up every key item that supports you message, it has drama but more important, exposure time.

Cross check with the deposition.
1) contradictions
2) under or overstatements.