Avoidance of Conflict Between Co-defendants to Decrease the Likelihood of an Adverse Verdict

April 6, 2015

Issue:

The defendant surgeon at his deposition and at trial potentially implicated our radiology client by testifying that the content of our client’s radiology report did not give the surgeon the information he needed to have allegedly changed the patient’s treatment plan. The patient ultimately died after many months of treatment and incurring over $1 million in medical expenses. 

Our Approach:

Plaintiff's counsel used the defendant surgeon’s testimony to create conflict among the defendants while at the same time portraying the patient as a victim of the defendants’ disagreement.  To counter Plaintiff's counsel’s strategy, the defendant surgeon attempted to put his testimony in its proper context and we worked with our client to avoid any disagreement with the surgeon.  We instead focused our client’s defense upon his correct interpretation of the radiology study and that all of the information which could be reasonably be derived from the radiology study was reported. 

Result:

By avoiding the temptation to openly disagree with the co-defendant and keeping the defense focused on the proper interpretation of the radiology study by our client, the jury returned a verdict in favor of our client notwithstanding a verdict against the co-defendant.

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