Direct Examination Wrongful Death Plaintiff

This is a sample direct examination of a wrongful death plaintiff in a medical malpractice case in Baltimore City that resulted in a $10 million verdict in Baltimore City. This client was absolutely amazing on the stand.

Direct of Cythina Background

• GIVE US YOUR FULL NAME
• WHERE DO YOU LIVE
• WHO DO YOU LIVE THERE WITH
• WHAT WAS YOUR RELATIONSHIP TO DENNIS ALLEN
• DO YOU HAVE ANY CHILDREN
• DO YOU HAVE ANY GRAND CHILDREN

Tell Us About Your Background

• WHERE DID YOU GO TO HS
• DID YOU GO ON TO GET ADDITIONAL TRAINING AFTER HS
• WHEN DID YOU MOVE TO BALTIMORE
• WHY DID YOU MOVE TO BALTIMORE
• HOW DID YOU MEET DENNIS
• TELL US ABOUT DENNIS WHEN YOU FIRST MET HIM
• WHAT WAS HIS LIFESTYLE WHEN YOU FIRST MET
• AT SOME POINT DID HE STOP DRINKING
• WHAT HAPPENED TO MAKE HIM STOP DRINKING
• WHEN DID THE TWO OF YOU GET MARRIED
• DID HE ADPOT SHELLY AFTER YOU ALL GOT MARRIED

Talk a Little bit About Dennis’ Work History

• WHAT WAS THE HIGHEST GRADE DENNIS’ FINISHED IN SCHOOL
• AT SOME POINT DID HE GO BACK AND GET HIS GED
• AFTER HE GOT HIS GED DID HE CONTINUE HIS EDUCATION
• WHAT WAS DENNIS’ FIRST JOB
• WHERE DID HE WORK AFTER THAT
• AFTER HE GOT HIS GED UP THROUGH 2012 WAS HE ALWAYS WORKING

Worked Full Time, but Also was Very Involved With Church

• SINCE 1977 DID DENNIS ACTIVELY PARTICIPATE IN A CHURCH
• DID HE HOLD ANY POSITIONS AT THE CHURCHS HE ATTENDED
• HOW DID HE START HIS CHURCH
• WHERE IS THE CHURCH LOCATED NOW
• DOES YOUR FAMILY HELP KEEP THE CHURCH GOING
• WHO IS THE REVEREND AT THAT CHURCH, CHILDREN INVOLVED?
• HOW MANY MEMBERS DOES THE CHURCH HAVE
• WHAT WAS HIS GOAL FOR THE CHURCH
• WHAT DO YOU THINK SET DENNIS APART FROM OTHER REVERENDS

Describe Dennis as a Father

• WHAT WERE THE VALUES THAT DENNIS TRIED TO PASS ON TO HIS CHILDRED
  • FAITH
  • EDUCATION
  • PARENTS THEMSELVES
• TELL ME THE STORY OF WHEN YOU TOOK THE FAMILY AND YOUR PARENTS TO PETE’S PIZZA

March of 2013

• WHEN DENNIS WENT TO UMMS ON MARCH 11, WHAT WAS YOUR UNDERSTANDING OF WHY HE WAS THERE
• WHAT WAS THE CONDITION THEY WERE TREATING
• WERE YOU THERE EVERY DAY HE WAS THERE
• WERE YOU THERE WHEN THE DOCTORS DID THEIR ROUNDS
• WERE YOU THERE WHEN THE HOSPITAL STAFF DREW BLOOD
• WHO WAS ASSISTING DENNIS WITH HIS PERSONAL HYGIENE
• WHO CLEANED OUT HIS BED PAN AFTER A BOWEL MOVEMENT

March 18^th 2013

MORNING –

• BLOOD REFUSAL – MOTION IN LIMINE
• EARLY MORNING HOURS – DO YOU RECALL SOMEONE COMING IN TO DRAW DENNIS’ BLOOD
• TELL US WHAT HAPPENED
• DID ANYONE EVER COME BACK TO DRAW HIS BLOOD
• HOW WAS HE DOING THE MORNING OF MARCH 18TH
• AT SOME POINT THAT DAY DID SOMETHING UNUSUAL HAPPEN
• WHO WAS WITH YOU WHEN THE ALARMS WENT OFF
• HOW DID YOU AND SHELLY REACT
• HOW DID DENNIS REACT
• DID THEY EVER GO OFF AGAIN WHILE YOU WERE THERE
• WHAT HAPPENED NEXT AFTER THE ALARMS WENT OFF
• DID HE LOOK ANY DIFFERENTLY TO YOU

Administration of Kayexalate

• AT SOME POINT DO YOU REMEMBER A NURSE BRINING HIM MEDICINE TO DRINK
• WHY DID YOU THINK IT WAS MEDICINE
• AT THE TIME HE DRANK THE MEDICINE DID YOU KNOW WHAT IT WAS CALLED
• AT SOME POINT DID YOU FIND OUT THAT THE MEDICINE WAS KAYEXELATE
• AT ANY TIME BEFORE HE DRANK THE MEDICINE DID HE COMPLAIN
  • A BURNING IN HIS LOWER ABDOMIN
  • PAIN IN HIS LOWER ABDOMEN
  • DID HE HAVE DIARRHEA
  • DID HE HAVE ANY BLOOD IN HIS STOLL

After He Drank the Kayexelate

• AFTER HE DRANK THE MEDICINE DID HE
  • A BURNING IN HIS LOWER ABDOMIN
  • PAIN IN HIS LOWER ABDOMEN
  • DID HE HAVE DIARRHEA
  • DID HE HAVE ANY BLOOD IN HIS STOLL
• TELL THE JURY WHAT YOU REMEMBER ABOUT HIS STOOLS AFTER HE DRANK THE KAYEXELATE
  • 3 STOOLS IN PARTICULAR WITH DENNIS
• WHAT DID THE HOSPITAL NURSE SAY THEY WOULD DO WITH THAT INFORMATION

The Night He Drank the Kayexelate

• HOW WAS HE ACTING
• WAS HE ACTING LIKE HIMSELF
• WAS HE COMPLAING ABOUT ANYTHING
• WHAT IF ANYTHING DID THE DOCTORS GIVE HIM FOR PAIN
• ANY PAIN MEDICAITON
• TYLENOL, IBPROFUN, ANYTHING?
• WHAT DID HE SAY TO YOU THAT NIGHT ABOUT HOW HE WAS FEELING
  • DID HE WANT TO STAY IN THE HOSPITAL
  • DID HE SAY WHERE HE WANTED TO GO AND WHY
  • DID HE TELL YOU WHAT HURT
  • DID HE DESCRIBE HOW IT FELT

Morning of the 19^th Conversation About the Kayexlate & Surgery

• WHEN DR. STEVENS DID HIS ROUNDS, WHAT DID HE TELL YOU
• WHAT WAS GOING THROUGH MIND WHEN HE IS TELLING YOU THIS
• HOW DID YOU FELL ABOUT WHAT HEW AS TELLING YOU
• WHO ELSE WAS THERE IN THE ER THAT AM
• WHAT DID YOU SAY TO HIM AFTER HE TOLD YOU THAT
• WHERE DID HE GO AFTER TALKING TO YOU
• DID HE EVER SAY ANYTHING ABOUT HIS BOWEL BEING INJURED FROM LOW BLOOD PREASSURE
• DID HE SAY HOW LONG THE SURGERY WOULD LAST
• WHO WAS THERE AT THE HOSPITAL DURING THE SURGERY
• WHAT HAPPENED NEXT

March 20^th 2013

• DID DR. STEVENS COME SEE YOU AFTER THE SURGERY
• DID DR. STEVENS COME SEE YOU AFTER YOUR HUSBAND PASSED AWAY

What Do You Miss The Most About Dennis More Help for Plaintiffs’ Lawyers

• Baltimore Sun article on this verdict
• Sample Trial Materials: get more example direct and cross-examination of witnesses, sample opening and closing statements and really everything you need to know to get a medical malpractice or auto tortready for trial
• Attorney Help Center: depositions, interrogatories, and other discovery to help put the case in position to win at trial