Any trial prep tips and tricks for an associate second-chairing a medical malpractice case for the first time?

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Med mal trial attorney here. The most important tip I can give is to first, create a CLEAN, chronological set of all the medical records. These will need to be marked as exhibits and often shown to the jury. From there, you must be able to navigate the medical records and recall treatment timelines. (I personally create my own indexes, chronologies, and summaries with page ranges to use. This also helps learn the facts and medicine). There will be key assessments/consultations that will need to be referenced in front of the jury multiple times and quickly. Having an idea of where these are in a voluminous record is so beneficial. In addition, experts cannot be expected to memorize the whole timeline of events, so it is helpful for you to be able to guide them OR cross the opposing side’s experts on their lack of familiarity.

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Way back in the day I did contract work for a hot minute reviewing, condensing, and summarizing medical records for insurance defense and putting them in the correct timeline with an analysis at the end of any issues that should be looked into further.

It was mind numbingly boring and also incredibly fascinating at the same time. A good medical record index (bonus points for hyperlinks!) is the key.

Great tip!

One thing that seems little but may end up being incredibly helpful: write out a list of the things that must be proven to win the case. This is the bare bones: elements, jurisdiction, etc.

Look at the jury instructions if it is a jury trial so you can see what the jury is being told must be proven.

Keep that checklist handy during the trial and check off with each witness what elements, etc. on that list that person is expected to hit and what that witness’ testimony actually hit.

Let the first chair know you are going to do that so he/she can check the list of what should be touched versus what was touched before passing each witness.

It’s hard to keep track of all of that when sitting at the helm. It’s really nice to have that double checker.

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Just breathe. 3rd year second chairing a wrongful death for first time. Woosa!

What’s your email? I just second chaired a trial and made a list of “lessons learned” that could be helpful to you

Is there any chance I could get in on that list 6 months later? Lol

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