Jury
Impact’s new monthly Internet radio show “Trial Talk” interviews high-profile
leaders in litigation to get their opinions about trial trends around the
country. In our first edition, we interview Larry Smith, head of risk
management for MedStar Health, on trial tactics, characteristics of a great
defense lawyer and the future of healthcare in America.
To listen, click here Larry Smith Interview or visit our website at www.juryimpact.net.
Here are some snippets of the interview:
Q: What’s the most important quality of a great trial lawyer?
A: “Somebody who can tell the story, somebody who can convey [to a lay jury] a very complex set of medical issues. It is almost like everything else that we do in life – [to be successful you must have an] ability to relate. The ability to relate from one human being to another makes a tremendous difference… In medicine, sometimes the law doesn’t mean a whole awful lot. What does mean a lot is the story.”
Q: How do different jurisdictions influence verdicts?
A: “Malpractice is a local phenomenon. [At MedStar] I have six different jurisdictions I have to worry about: five in Maryland and one in the District of Columbia, and they are all different. If you take the same case and try that case in DC 10 times, you may win that case eight times. If you take that same case and try…in Baltimore City with the same witnesses, same everything, [you are likely to] lose that case probably [eight out of 10 times]. So part of the analysis has to be, ‘do I realistically have a chance with a jury [in this jurisdiction] to prove to them what I need to prove in order to prevail?’”
Q: How important is “humanizing” witnesses?
A: “One of the lawyers I enjoy working with said to me before a trial – we [were putting on the stand] one of [our] nurses [who was also] one of the defendants [in the case] who was really well credentialed. She also was a member of the Armed Forces before she became one of our [nurses] – and he said, ‘I’m going to spend 30 seconds on her academic credentials, and I’m going to spend 10 minutes on her personal credentials. I’m going to [show] this jury what a wonderful person [she] is.’ And, I’ve got to tell you, just watching the jury…you could see them really tuned in. They could care less what school she went to; they loved [the fact that she served her country and had given such great] public service...”
Q: What’s the next “big thing” in healthcare?
A: “We’re not [slowly] moving towards [hospitals employing doctors], we are right in the thick of it… I looked at the data recently, and four years ago about 50% of the physicians in this country were employed [directly] by a healthcare [system] or an insurance company. Today, that [number] is 77% and it is expected in the next two years to be over 80%. So, we are talking about a smaller and smaller number of physicians who are going to be independent and more and more physicians who are going to tie their [professional] practice to a healthcare [system] such as MedStar…or one of the insurance companies...”
To listen, click here Larry Smith Interview or visit our website at www.juryimpact.net.
Here are some snippets of the interview:
Q: What’s the most important quality of a great trial lawyer?
A: “Somebody who can tell the story, somebody who can convey [to a lay jury] a very complex set of medical issues. It is almost like everything else that we do in life – [to be successful you must have an] ability to relate. The ability to relate from one human being to another makes a tremendous difference… In medicine, sometimes the law doesn’t mean a whole awful lot. What does mean a lot is the story.”
Q: How do different jurisdictions influence verdicts?
A: “Malpractice is a local phenomenon. [At MedStar] I have six different jurisdictions I have to worry about: five in Maryland and one in the District of Columbia, and they are all different. If you take the same case and try that case in DC 10 times, you may win that case eight times. If you take that same case and try…in Baltimore City with the same witnesses, same everything, [you are likely to] lose that case probably [eight out of 10 times]. So part of the analysis has to be, ‘do I realistically have a chance with a jury [in this jurisdiction] to prove to them what I need to prove in order to prevail?’”
Q: How important is “humanizing” witnesses?
A: “One of the lawyers I enjoy working with said to me before a trial – we [were putting on the stand] one of [our] nurses [who was also] one of the defendants [in the case] who was really well credentialed. She also was a member of the Armed Forces before she became one of our [nurses] – and he said, ‘I’m going to spend 30 seconds on her academic credentials, and I’m going to spend 10 minutes on her personal credentials. I’m going to [show] this jury what a wonderful person [she] is.’ And, I’ve got to tell you, just watching the jury…you could see them really tuned in. They could care less what school she went to; they loved [the fact that she served her country and had given such great] public service...”
Q: What’s the next “big thing” in healthcare?
A: “We’re not [slowly] moving towards [hospitals employing doctors], we are right in the thick of it… I looked at the data recently, and four years ago about 50% of the physicians in this country were employed [directly] by a healthcare [system] or an insurance company. Today, that [number] is 77% and it is expected in the next two years to be over 80%. So, we are talking about a smaller and smaller number of physicians who are going to be independent and more and more physicians who are going to tie their [professional] practice to a healthcare [system] such as MedStar…or one of the insurance companies...”
Q: Talk about the future of patient care.
A: “I have seen lots of changes—managed care and the coming and going of managed care, development of healthcare systems like MedStar. What we’re seeing right now, I hope, is…the beginning of…a transformation [in the] way in which we provide care to patients. …If it is done right, rather than being reimbursed… on [the basis of] what I do to the [patient], I’m going to be rewarded on how well I [maintain the health of] populations of [patients]. …[How can I keep] people out of hospitals, [and how can I keep them at home] with their families?”
Jury
Impact will be conducting these interviews monthly, so if there are any topics
you would like explored, or suggested guests for our show, please feel free to
call us at (714) 754-1010 or email us at cluna@juryimpact.net.
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