Medical Malpractice

A unique depth of proven experience.
R&D is the only Trial Consultant group with a division specifically devoted to Medical Malpractice. Our team, led by James McGarity, M.S., a recognized authority on medical malpractice, has handled thousands of cases of all size and complexity, ranging from traumatic birth injuries to rare and difficult diagnoses such as necrotizing fasciitis. We understand the complex terminology and procedures involved in every standard of care – but we also know how to turn that knowledge into winning strategies that will persuade jurors.

We offer a complete suite of solutions, but we differ from other firms in that we treat each client as unique – so we tailor what we do to best address the needs of each case.

This allows us to focus on accumulating the most relevant information and then delivering the most useful strategic insights to help you prepare to win.

Jury Research
We have conducted hundreds of jury research exercises for medical malpractice cases. In fact, we can provide access to an integrated database that features tens of thousands of juror responses. Our deep experience – both academic and in Trial situations – gives us the expertise to:

*   Design and execute every form of research (Mock Trials to Focus Groups to Online Research)
*   Produce more cost-efficient, effective research study designs
*   Create and analyze “shadow juries”
*   Conduct Post-Trial juror interviews

Witness Preparation: Managing the Psychological Roller Coaster
We understand the wide range of emotions (fear, resentment, anger) that healthcare providers feel when they become defendants who are now required to testify on their own behalf. Our team’s deep experience helps witnesses channel emotional energy to take full advantage of their testimony.

That experience includes thousands of hours working with anxious, nervous witnesses, helping them stay on track – particularly during intensive cross-examinations – and acting as their “emotional advocates.” The result is a more effective, more stress free witness who can provide confident, assured testimony.

Jury Selection/Voir Dire Question Assistance
We help you carefully develop and prioritize your voir dire strategy. Our medical malpractice experience guides the development of favorable and unfavorable juror profiles, and helps create questions designed to identify potentially dangerous jurors.

Custom Consulting Solutions
We can take all of our experience and skill and mold it to whatever unique challenges arise. Some firms will only provide you with “cookie cutter,” one-size-fits-all approaches. We make sure you get exactly the services you need so you’re not paying for services you don’t need.

Overcoming Psychological Hurdles
Jurors bring a great deal of history to the courtroom, especially when they’re dealing with healthcare providers. This dynamic creates unique challenges for every Trial team. Our insights on jurors’ experiential and attitudinal “baggage” gives us an unmatched ability to develop Trial strategies to successfully navigate those psychological mine fields.

We understand the tremendous sympathy jurors feel for plaintiffs who have experienced a catastrophic outcome. We also know the toll medical malpractice cases can exact on jurors. By using our knowledge and techniques, we can help clients develop themes and graphics to overcome these psychological hurdles.