Know Your Opponent: Trends in Plaintiff's Attorney Tactics

Litigation in the U.S. is an enormous business sector. Tort costs exceeded $529 billion in 2022, rising at 7.1% annually between 2016 and 2022, outpacing both inflation and GDP growth. Medical malpractice litigation is part of this machine. The burden gets passed back to American households through higher premiums, defensive medicine, and reduced resources for care.  Your opponent in litigation is not the plaintiff. It's the plaintiff's attorney, who is part of this industry -- and you are what stands between them and, potentially, millions of dollars. So doesn't it make sense that they will try any tactic available to them to win--even if they know, deep down, that your care was reasonable?  Trial consultant and communications expert Heather Hansen returns to the podcast to talk about knowing your opponent: what plaintiff's attorneys are doing, why they're doing it, and how unprepared physicians can get stuck in sticky traps, even when their medicine was good. Plaintiff's attorneys publicly teach their newest tactics to one another as a matter of furthering their business interests -- and now you can understand what they're doing as well. Guest: Heather Hansen is a deposition and trial consultant, and a renowned expert on persuasion, influence, and credibility. For over 20 years, she defended providers and hospitals in medical malpractice cases. She has helped leaders from Harvard Business School, Google, LinkedIn, LVMH, the American Medical Association, and Hospital Corporations of America advocate for change, resources, opportunities, and attention. Heather has been featured on The Today Show, Dr Oz, CNN, Fox News Channel, MSNBC, CBS, and Fox Business. She’s the best-selling author of The Elegant Warrior: How to Win Life’s Trials Without Losing Yourself. Mentioned Resources: Heather Hansen created The Prepared Expert course to help ethical expert witnesses communicate with confidence, credibility, and composure under pressure. Malpractice Liability and Health Care Quality: A Review — JAMA, 2020 US Chamber of Commerce Tort Costs in America Heather Hansen's previous appearance: The Blame Game: Finger Pointing in Charting and Litigation Compassionomics  Trial Guides  Reptile: The 2009 Manual of the Plantiff's Revolution by David Ball and Don Keenan is out of print, but you can find old copies on eBay or Amazon.  _______________________________________ Take the LEAP! Be litigation-ready. Learn from Dr. Pensa's attorney-vetted Litigation Education and Performance for Clinicians course. Up to 16 hours of AMA Category 1 CME/CNE credits available in this self-paced video course that will teach you about the skills and mindset required to face medical litigation with integrity and know how. Learn many of the performance coaching techniques Dr. Pensa uses with her own 1:1 coaching clients.  START HERE: https://www.doctorsandlitigation.com/LEAP/signup _______________________ Attorneys, Risk, Claims, and Medical Leadership: Learn about "Defense LEAP" and partnering with Dr. Pensa to ensure your medical defendants are supported and prepared from the very beginning. I help with the fear, the confusion, and the basic education -- so your time with them is spent on elevated strategy instead of groundwork. Contact Dr. Pensa through her website to learn more: https://www.doctorsandlitigation.com/contact