I recently read a closing argument in another lawyers medical malpractice case. In his final thoughts to the jury, he reminded the jurors of what I always remind jurors of when I’m delivering a closing: the memories of the victim will fade for you and for me, but this person is going to live with these injuries for the rest of his/her life.
The jury got the message and awarded $5.8 million for the wrongful death of a 47-year-old lawyer whose untreated mole turned into a skin cancer that spread to his brain. The jury awarded $3 million in non-economic damages, including $1 million each to Plaintiff’s widow and to his estate and $500,000 each to Plaintiff’s two children.
That portion of the award will be reduced to $812,500 due to Maryland’s cap on non-economic damages in medical malpractice cases with at least two claimants. Plaintiff is expected to appeal [update, they did and lost] arguing the unconstitutionality of Maryland’s cap on damages generally and the specific portion of the cap that applies to medical malpractice cases.
Going back to the closing, I make this argument in every closing. Why? Because it is so true and the jurors get it. I tell them the truth: I have lots of cases and while this one is special, I have a lot of badly injured people or families how had to bury someone they love.
You can find examples of closing arguments from other lawyers here.