Sample Medical Malpractice Pre-Trial Statement
In any civil action in Maryland, the court is going to ask the counsel to provide a pretrial statement before trial.
What is the purpose of a pretrial conference? There are several reasons in Maryland:
- determine whether the case is ready for trial and, if not, figure out what needs to be done;
- set a trial date (in some Maryland counties the date is set much earlier);
- push the lawyers to focus on the real issue for trial
- see if the case can be settled.
Below is a sample pretrial statement in a medical malpractice case. Our client was kind enough to let us use these samples online with few changes because he wanted to help us further our mission of educating and assisting other plaintiffs' lawyers fighting for justice for their clients. This case did not settle but the client received an offer of nearly $1 million and, more importantly, a $5.3 million award at trial from a Baltimore City jury.
IN THE CIRCUIT COURT FOR BALTIMORE CITY
ST. AGNES HEALTHCARE, INC., et al
Case No.: 24-C-12-008071
PLAINTIFF’S PRE-TRIAL STATEMENT
Plaintiff, Kevin Toon, by and through his attorneys, Rodney M. Gaston, Laura G. Zois, and Miller & Zois, LLC, and hereby submits his pre-trial statement and states as follows:
- STATEMENT OF FACTS:
- STATEMENT BY THE DEFENDANTS:
- COUNTERCLAIMS, CROSS-CLAIMS, THIRD-PARTY CLAIMS:
- AMENDMENTS REQUIRED OF THE PLEADINGS:
- SIMPLIFICATIONS OR LIMITATIONS OF ISSUES:
- STIPULATIONS OF FACTS:
- ITEMIZATION OF DAMAGES:
- LIST OF DOCUMENTS AND RECORDS TO BE INTRODUCED INTO EVIDENCE AND OTHER DEMONSTRATIVE EVIDENCE.
- Plaintiff’s Medical bills;
- Plaintiff’s Medical records;
- Defendants’ Video Depositions
- Portions of the Defendants’ Experts’ Video Depositions;
- Defendants’ Answers to Interrogatories;
- Defendants’ Responses to Request for Admission of Facts;
- Copies/Enlargements/Photos of any and all of the Plaintiff’s diagnostic tests (x-rays/MRI’s);
- Videotape depositions of any of the Plaintiff’s expert medical witnesses to include Dr. Woodruff, Dr. Collier, and Linda Margeson;
- Defendants’ Response to Plaintiff’s Request for Admissions of Facts;
- A video tape of a foot amputation;
- A video tape of an above the knee amputation;
- Medical Illustrations depicting the human anatomy of the legs, the arteries, and an intimal flap tear;
- A model of the knee;
- Photos of the Plaintiff before and after his amputation;
- A day in the life film of the Plaintiff;
- A Video tape(s) of a person with a Genium Knee;
- A 3D animation depicting the mechanism of the Plaintiff’s injury;
- A 3D animation depicting the normal structure of the left knee and depicting the structures of the Plaintiff’s left knee that were damaged on December 3, 2018;
- A 3D animation depicting an injury to a popliteal artery;
- Selected pages from Emergency Medicine Medical Textbook authored by Rosen & Barken, Fourth edition, entitled 5-Minute Emergency Medicine Consult, in particular, the chapter on knee dislocations, arterial occlusion;
- Selected pages from Emergency Medicine Medical Textbook authored by Rosen, entitled Emergency Medicine, Seventh Edition, Volumes 1 and 2. in particular, the chapter on knee and lower leg injuries, dislocations, vascular injuries, General Principles of Orthopaedic Injuries;
- Selected pages from Emergency Medicine Textbook authored by Judith Tintinalli, entitled Emergency Medicine, Sixth Edition, to include sections on Injuries to the bones, joints, and soft tissue;
- Emergency Nursing Scope and Standards of Practice, E.S.A. 2011 edition;
- Photos of the barrier gate;
- Photo of the knee immobilizer/ the knee immobilizer; and
- A life table.
- PLAINTIFF’S NON EXPERT WITNESSES:
- Kevin Tolson, Jr.;
- Stacy Tolson;
- Corey Elaine Tolson;
- Kanna Tolson;
- Marion Tolson;
- Robin Reinhart;
- John Elliott; and
- Ronald Tubaya.
- PLAINTIFF’S LIST OF EXPERT WITNESSES:
- Kenneth Larsen, M.D.;
- John G. Nicholson, PA-C, Ph. D.;
- Linda Marden, R.N.;
- Gregory Smith, M.D;
- Reggie E. Collier, M.D.;
- M. Mike Malek, M. D.;
- Samantha Winslow;
- Daniel Berry;
- Richard Rosa, Ph.D.;
- William Rallstein M.D; and
- Rajabrata Sunji, M.D.
- WITNESSES TO BE PRESENTED BY MEANS OF DEPOSITION:
- ANY OTHER MATTERS:
On December 3, 2018, Plaintiff was working as an armed security officer at the Social Security complex in Woodlawn, Maryland when a co-worker activated a steel net barrier fence that shot up from the ground trapping his body and dislocating his left knee. He was taken by ambulance to St. Agnes Hospital where he was seen in the emergency room. Plaintiff claims that nurse Caroline Stelle, physician assistant Kristine Shah, and Dr. Phyliss Jackson, all defendants in this case, failed to properly examine and treat the injury to his popliteal artery and he was discharged without any vascular or orthopedic consultation. This failure resulted in the amputation of the Plaintiff’s left leg above the knee. St. Agnes Hospital and Maryland Provo-I are also named defendants under the doctrine of respondeat superior.
In addition to conscious pain and suffering, Plaintiff claims past and future medical expenses, past and future lost wages, loss of household services, and other damages.
To be submitted by the Defendant.
The trial will proceed on the issues of liability, causation, and damages. The Defendants still owe the Plaintiff Answers to Request for Admission of Facts (which are long overdue). Once these answers are provided the may be some simplification of issues at bar.
None as of this date.
The Plaintiff claims the following special damages:
Past Medical Expenses: $416,455.42
Future Prosthetic Expenses: $939,512.00
Lost Wages: $686,649.00
Loss of Household Services: $103,559.00
Plaintiff also claims pain and suffering damages related to the loss of his leg.
Plaintiff reserves the right to introduce any documents exchanged during the course of discovery that are not specifically identified above, including any impeachment evidence.
Plaintiff may present the testimony of any expert witness previously identified. Depositions to include William Woodruff, Paul Collier, and Linda Margeson, and portions of any and all of the Defendants’ Expert Witnesses’ videotaped discovery depositions.
There are numerous outstanding Motions.
Miller & Zois, LLC
Rodney M. Gaston
Laura G. Zois
Attorneys for the Plaintiff
You want to talk to your lawyer in advance of the pretrial settlement conference. Now is the time, if you have not already, to have a frank discussion about the settlement value of your case. You should ask your lawyer to come prepared with the calculations of how much money you put in your pocket based on what the settlement offer might be. Typically, our lawyers will prepare disbursement sheets at $50,000 or $100,000 increments so we know exactly what the client will receive under different settlement offers.
The biggest fear plaintiffs have going to a pretrial settlement conference is that they will be put on the spot or asked to do something. This does not happen with our clients. Your lawyer should protect you from being put on the spot or having to answer any questions to anyone other than your lawyer. If there is a lot of money at stake, a pretrial settlement conference can be a stressful event but there is no pressure for you to perform and you should not have to make quick decisions.