Verdict - Spring 2018 - 39

OPENING STATEMENT
If medical funding is going to be raised
by the defense, beat them to the punch. Let

A. A medical funding company loaned me

"Not only did defendant (perhaps admit-

the money so I could get the medical care I

tedly) injure Mrs. Smith, but he then criticized

needed.

her for not having the means to pay for the

the jury know that they will hear testimony

Q. What is your understanding about

healthcare he caused her to need! If defen-

about how Mrs. Smith paid for her health

whether you have to repay the money you

dant has an issue with how Mrs. Smith paid

care. Let them also know that they will hear

borrowed for your medical treatment?

for her treatment, what did he do to solve the

that she had no other option and must repay
the money. Being first to raise the issue in

A. My understanding is that I do have to
repay it.

problem? The sign in many store windows
reads, 'If you break it, you buy it.' Apparently

a non-defensive way will blunt defendant's

the defendant believes that if you break it, you

counter-attack.

FINAL THOUGHTS

just have to criticize how much money the

TREATING PHYSICIAN'S

can be a challenge. Not all cases are unique

TESTIMONY

or emotionally compelling. Your client was

Sometimes, finding a theme for your case

owner pays to have it fixed." ●
Charles E. "Trip" Johnson, III is
an attorney in the Atlanta office of

Medical funding will come up during the

injured by the negligence of the defendant.

deposition or live testimony of the treating

She was in pain and received appropriate

physician. Again, if we raise the issue, we

medical treatment and is entitled to a fair

control the discussion. "Doctor, at the time

award for the injuries and damages she suf-

you were treating Mrs. Smith, did you know

fered. All true statements, but not emotionally

how she was paying for your services?" If the

compelling. If medical funding testimony is

FOOTNOTES

answer is "no," the issue may be defused at

being permitted anyway, perhaps it can be

1 ML Healthcare Servs., LLC v. Publix Super Markets, Inc.,

that point. Or you might follow up by asking

used to inject a little righteous indignation

if the doctor's treatment and medical opin-

into the case:

John Foy & Associates where his
practice focuses primarily on serious personal injury.

881 F.3d 1293 (11th Cir. 2018).
2

Id. at 1302.

ions would have changed if he had known
the source of Plaintiff's payment for her
healthcare.
If the doctor was aware of the funding
source at the time of treatment, then a follow up inquiry should be made. "Doctor, what
impact, if any, did the means by which Mrs.
Smith was able to afford your services affect
the care you gave her? Or put more simply,
"Did the way Mrs. Smith paid for her treatment

Are you or your paralegal reviewing
your clients' medical records?
I provide chronologies and can answer
your medical questions

with your office affect your medical judgment
in his case?" By raising and defusing the issue
on direct, you reduce defense counsel's abil-

Is mediation pending?

I specialize in Future Medical Cost Projections.

ity to harm your case and put the defense at

Not sure if I can help you?
Call me anytime. 404-771.5155

risk of overreaching if they try.
PLAINTIFF'S DIRECT EXAMINATION
Plaintiffs are likely unaware of the medical funding controversy. This is what makes
them such credible witnesses about it. A brief

Serving the needs of Georgia attorneys
for the past 12 years

direct examination of your client should be
sufficient to set the stage for closing arguments on this issue.
Q. Mrs. Smith, did you have health insurance available to pay for your medical treatment after you were injured?
A. No.

ALICE M. ADAMS , RN, LNCC
Certified Legal Nurse Consultant &
Life Care Planner; former ICU nurse
thelegalnurse@gmail.com
thelegalnurse.com

Q. How did you pay for your treatment,
then?
909487_Alice.indd 1

Spring
201801:40
39
14/03/18


http://www.caseconsultant.com http://www.thelegalnurse.com

Table of Contents for the Digital Edition of Verdict - Spring 2018

President’s Message
How I Obtained Justice: Sudden Emergency Doctrine
Thank You to Outgoing Verdict Chairman, Madeleine Simmons
Look Before You Leap: Conducting Jury Focus Groups Before Trial
Voir Dire In Low Speed, Soft Tissue Injury Cases
Defeating Reptile Theory Motions in Limine
Leading the Jury Down the Right Path: Framing Your Case During Voir Dire
Hernandez v. State: Empowering Jurors to Seek the Truth
Exploding Takata Airbags From Cover-Up To Accountability
Using Simple Technology to Pick a Better Jury
Case Updates: Who Really Loses When Medical Funding Becomes an Issue at Trial?
Professional Practice Pointers: Voir Dire, An interview with Cobb County State Court Judge Allison Barnes Salter
Dig In To Do Good: Making the World a Better Place
Welcome New GTLA Members!
Champion Members
Meet The Experts
Index to Advertisers/Advertiser.com
Verdict - Spring 2018 - Intro
Verdict - Spring 2018 - bellyband1
Verdict - Spring 2018 - bellyband2
Verdict - Spring 2018 - cover1
Verdict - Spring 2018 - cover2
Verdict - Spring 2018 - 3
Verdict - Spring 2018 - 4
Verdict - Spring 2018 - 5
Verdict - Spring 2018 - 6
Verdict - Spring 2018 - 7
Verdict - Spring 2018 - 8
Verdict - Spring 2018 - 9
Verdict - Spring 2018 - 10
Verdict - Spring 2018 - President’s Message
Verdict - Spring 2018 - How I Obtained Justice: Sudden Emergency Doctrine
Verdict - Spring 2018 - 13
Verdict - Spring 2018 - 14
Verdict - Spring 2018 - Thank You to Outgoing Verdict Chairman, Madeleine Simmons
Verdict - Spring 2018 - Look Before You Leap: Conducting Jury Focus Groups Before Trial
Verdict - Spring 2018 - 17
Verdict - Spring 2018 - 18
Verdict - Spring 2018 - 19
Verdict - Spring 2018 - 20
Verdict - Spring 2018 - Voir Dire In Low Speed, Soft Tissue Injury Cases
Verdict - Spring 2018 - 22
Verdict - Spring 2018 - 23
Verdict - Spring 2018 - 24
Verdict - Spring 2018 - 25
Verdict - Spring 2018 - Defeating Reptile Theory Motions in Limine
Verdict - Spring 2018 - 27
Verdict - Spring 2018 - 28
Verdict - Spring 2018 - Leading the Jury Down the Right Path: Framing Your Case During Voir Dire
Verdict - Spring 2018 - 30
Verdict - Spring 2018 - Hernandez v. State: Empowering Jurors to Seek the Truth
Verdict - Spring 2018 - 32
Verdict - Spring 2018 - 33
Verdict - Spring 2018 - Exploding Takata Airbags From Cover-Up To Accountability
Verdict - Spring 2018 - 35
Verdict - Spring 2018 - 36
Verdict - Spring 2018 - Using Simple Technology to Pick a Better Jury
Verdict - Spring 2018 - Case Updates: Who Really Loses When Medical Funding Becomes an Issue at Trial?
Verdict - Spring 2018 - 39
Verdict - Spring 2018 - Professional Practice Pointers: Voir Dire, An interview with Cobb County State Court Judge Allison Barnes Salter
Verdict - Spring 2018 - Dig In To Do Good: Making the World a Better Place
Verdict - Spring 2018 - 42
Verdict - Spring 2018 - Champion Members
Verdict - Spring 2018 - 44
Verdict - Spring 2018 - Meet The Experts
Verdict - Spring 2018 - Index to Advertisers/Advertiser.com
Verdict - Spring 2018 - cover3
Verdict - Spring 2018 - cover4
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