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Medical Malpractice Missteps – Lessons from a Loss
Episode 323rd August 2023 • Just Verdicts • Brendan Lupetin
00:00:00 01:05:50

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Learn from your losses. It’s the same for med mal trial attorneys as it is in life.

In this episode of Just Verdicts (formerly Trial & Medical Error), med mal litigators Brendan Lupetin and Greg Unatin discuss a recent orthopedic medical malpractice case they took to verdict–a case they felt had real merit, but did not end up going their way. Brendan reflects on what he would have done differently, what he would have done the same, and why he feels the verdict was not in their client’s favor. Tune in to hear the lessons Brendan and Greg are taking away from their loss, and how to gain insight from a loss at trial.

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Episode Preview

  • Background on the client’s ankle surgery, resulting compartment syndrome, and what led to the medical malpractice case.
  • The typical pitfalls that come with an orthopedic surgery medical malpractice case, and why this case was different.
  • How having a believable client is a key factor in taking on a case like this.
  • Why the case was incredibly polarizing.
  • How Brendan used focus groups and jury research to approach some of the sore spots anticipated in the case.
  • The Client’s letter vs. the Doctor’s letter.
  • How do you combat a jury’s preference for a doctor, especially one that is credible?
  • What would Brendan have done differently if he tried the case again?
  • Wanting to win too much vs. always believing you have a winning case.




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