“Risk Management: I’ve Been Sued, Now What! Part 4,” Innovations in Clinical Neuroscience Journal Article by PRMS

Our PRMS Risk Managers frequently share their expertise by contributing articles to clinical journals, including the Innovations in Clinical Neuroscience (ICNS) digital journal, throughout the year. Read an excerpt by PRMS Associate Director of Risk Management, Justin Pope, JD, from ICNS’ article, “Risk Management: I’ve Been Sued, Now What! Part 4: Litigation Process – Closing Statements, Jury Deliberations, Verdicts, Judgments, and Appeals.”

In Part 3 of this series, you heard opening statements from plaintiffs and defense counsel. You were also called to the stand to provide testimony, and you weathered cross-examination. Important risk management tips were offered, emphasizing the importance of the following:

• Preparing for testimony with your defense attorney;
• Engaging the jury by directing your answers to them;
• Listening closely to the question being asked of you and answering only that question;
• Understanding your appearance, mannerisms, and patterns of speech can influence the jury; and
• Being an attentive defendant and assisting your attorney by listening for erroneous statements and suggesting questions for experts.

In this article, we will cover the final stages of the litigation process.

Closing statements

The closing statement is a summation of the evidence that has been presented and the relationship of the evidence to the issues in the case. The attorneys for each side will also summarize the evidence presented by the opposing side and how they think the other side has failed to establish its case. Contrary to the view created by movies and television, trials are not won by dramatic closing arguments. Thorough pretrial preparation and the effective presentation of witnesses and exhibits at trial win a lawsuit.

Read the rest of Justin’s article with further clarification on the litigation process including the verdict, judgment, and appeals. For part 1 written by Denita Neal, JD, PRMS Senior Risk Manager, click here; read part 2 written by Charles D. Cash, JD, LLM, PRMS Associate Director of Risk Management, through this link; and part 3, written by Kem Isang, RN, JD, can be found here.

To learn more about the superior psychiatry-specific insurance program and comprehensive services offered by PRMS, click here.

Authored by PRMS.