Trial Testimony for Medical Malpractice Cases

Trial testimony in med mal cases requires clear separation of baseline from incremental harm, coordination with causation testimony, and disciplined presentation of damages.

Checklist

  1. Align testimony with causation expert's trial testimony
  2. Prepare clear incremental-harm narrative
  3. Rehearse but-for baseline articulation
  4. Prepare demonstratives on harm differential

Questions to ask the expert

  • How do you separate baseline from incremental harm?
  • What does the but-for baseline look like?
  • How did you coordinate with the causation expert?

Timeline

2 day-of-trial prep sessions given complexity.

Required documents

  • Causation expert transcript
  • Damages report
  • Demonstratives

Common pitfalls

  • Inconsistency with causation testimony
  • Blurring baseline and incremental harm

Frequently Asked Questions

Can damages experts attend causation testimony?

Yes, subject to sequestration rulings; often useful for coordination.

Ready to Get Started on medical malpractice cases?

Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.