I'm interested in obtaining a selection of opening and closing
arguments that can be used in a mock trial regarding a medical
malpractice case, the plaintiff's side.
Time is paramount! as is quality!
Thank you

Thank you for the question. I don't know the specifics of your case,
so my response is general. I am happy to provide you with additional
info if you give me some specifics. From my reading of the below
resources on medical malpractice- I suggest the following approach to
framing the opening and closing statements:

OPENING

- Stress the seriousness of the injury and explain how the medical
care was the unique cause; ie. absent the negligence of the healthcare
provider the injury would not have occurred
- Lay out the timeline; the correspondence between the malpractice and
injury
- Establish clear standards of adequate medical practice, showing that
these standards are largely adhered to in the industry, and then
explain why the healthcare provider blatantly disregarded these
standards
- Argue why your client is deserving of compensation for pain and
suffering, medical bills, etc.


CLOSING

- Refer to expert witness testimony; it is paramount that you prove,
beyond reasonable doubt, that your client was harmed by the healthcare
provider
- Play off the “David vs. Goliath” situation: it is unfair that a
healthcare provider should be able to screw over innocent patients and
then pay lawyers a ton of money to legitimize it; challenge the jury
to make a statement in this case that this will not be tolerated
- Emphasize that the patient has suffered serious injury and has no
where to turn other than the legal system
- Stress the precedent for plaintiff victory in similar cases (see
historical cases and Libby case below)


*Key Case
The Libby Zion Case
http://www.courttv.com/casefiles/verdicts/zion.html

Historical Perspectives - The First Medical Malpractice Cases In
Florida
http://www.dcmsonline.org/jax-medicine/2000journals/march2000/malpractice.htm

Examples of Successful Medical Malpractice Claims

In August 2000, a Texas court awarded a plaintiff $1.6 million after
his physician failed to detect skin cancer during a 1987 office visit.
The correct diagnosis wasn't made until 1993. The plaintiff died from
the cancer in 1996.

In September 2000, a different Texas court awarded $3.1 million to the
family of a man who was first misdiagnosed as having hyperglycemia and
then misdiagnosed as having musculoskeletal pain before it was finally
determined that he had actually suffered a heart attack. He died
during an attempt to surgically correct the heart damage.

In July 2000, a jury returned a verdict of $3.3 million in favor of a
man whose surgeon performed disk surgery at the wrong level and
inadvertently removed a healthy disk.

A Texas teenager was awarded $3,727,000 in June 2000 after her surgeon
negligently failed to diagnose a bone infection, which developed after
he performed elective cosmetic surgery on her feet to shorten two of
her toes.

In March 2000, a group of Florida women won $3.8 million in a class
action lawsuit against medical providers who failed to get informed
consent before subjecting the women to random medical experimentation.

In July 2000, a New York court awarded the parents of an infant $32.2
million in damages for injuries that occurred after physicians failed
to properly monitor and address fetal distress signs during the
infant's delivery. As a result, the infant has brain damage, including
cerebral palsy and learning disabilities.
http://public.findlaw.com/medical_malpractice/life_events/le23_4lessons.html


Do you have a case and is it worth pursuing?
http://public.findlaw.com/medical_malpractice/legal_briefs/c_malp_1.html

What You Need To Know about Medical Malpractice Litigation Green,
Kaster & Falvey, P.A. January 2000
http://library.lp.findlaw.com/articles/file/articles/gkfpa/gkfpa000001/title/Subject/topic/Injury%20%20Tort%20Law_Professional%20Liability/filename/injurytortlaw_2_72

The 'Lectric Law Library Lawcopedia's LAW & MEDICINE
http://www.lectlaw.com/tmed.html

Medial Malpractice Links
http://www.quacks.com/


SEARCH TERMS USED

"medical malpractice" arguments

malpractice "landmark cases"

"medical malpractice litigation"

Give me some more info and I'll help you out a bit more.

Thanks again,
-Anthony (adiloren)

Say Little.  

Repeat Often.

Some attorneys suggest being able to capsulize your theory of the case
in thirty to sixty seconds - not more than a minute - in clear,
understandable language. This not only will help the jury understand
what you are arguing, but the act of preparing such a statement will
help you focus your case and arguments.

Trial magazine, a publication of the Association of Trial Lawyers of
America (ATLA) periodically publishes excerpts and summaries of good
closing arguments. Copies are probably available at a University or
Law School library near you.
http://www.atlanet.org/

The National Institute of Trial Advocacy (NITA) publishes a range of
advocacy materials, for use in educational settings and by practicing
attorneys. (I would not be surprised if your mock trial utilizes or is
based on a NITA problem.) Those books will probably be available in a
law school library.
http://www.nita.org/

There is a book entitled I believe Summation. It was written by
Lawrence J. Smith and was published by Matthew Bender. It has both
capsule and lengthy arguments from some top personal injury lawyers
and includes summations in medical malpractice cases.

Good luck on your summation.