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WITNESSES HOSPITAL NEGLIGENCE


EXPERT


BOARD-CERTIFIED TESTIFYING EXPERTS


Hospital Administration Arthur Shorr, M.B.A., FACHE Daniel Herlinger, M.B.A., FACHE Norman Andrews, R.N., M.B.A., FACHE Tim Hawkins, M.B.A., FACHE


Psychiatric Facilities Gerald Sweet Ph.D Berlynn Ching, R.N.


Nursing Administration Bonnie Siler, R.N., M.A.


Nursing Homes, Assisted Living Julian Rich, M.B.A., FACHCA


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and you’ll both get dirty, but only the pig will like it.”


Consider it a gift We have seen how ineffective it is to


fight opposing force. When we harbor the paradigm of immovable object/irresistible force, our mindset will always propel us to the methodology of the nine-year-old boys. When opposing counsel makes objec-


tions, you can change the rules of the game by interpreting the opposition as a gift and not as a roadblock. After all, an objection to the form of a question is real- ly a reservation by opposing counsel to prevent you from reading that question and answer to the jury at trial. Instead of getting angry or exasperated, consider the objection a gift. Consider that your opponent is


telling you this: “My friend, your question, as phrased, isn’t quite good enough to be used against my client at trial. If you change it slightly, you will be able to use it to your advantage.” You see? It’s a gift! And when you receive a gift, what do


you say? “Thank you.”


Using the opposing force to your advantage You can’t fight irresistible force, but


www.HospitalExperts.com 76— The Advocate Magazine APRIL 2011


you can use that force to your advantage. Remember, your object is to get answers to your questions in the least amount of time without having to waste energy or deal with an impasse. Don’t fall victim to your opponent’s game. By changing the rules of the game, you can take control. When you get an objection, say, “Thank you.” When you get another objection, say, “Thank you for pointing that out.” When you get another objection, say, “Thank you for assisting me.” When you get another objection, say, “You’re right; I can ask a much better question than that.” When you get a series of objections, say, “How would you suggest that the question should be phrased?” Sometimes, the other lawyer will want to show you how smart he is and will ask the question. Then, you can say to his client, “Answer your lawyer’s question.” After awhile, your opponent will see that you aren’t playing his game.


Strive for harmony by allowing your opponent to save face “Face” refers to one’s image, both to


oneself and to others. A face-saving approach is an approach that does not damage one’s own or the other side’s image; it makes neither side appear weak, inept, or otherwise as a failure, but makes them look like they are wise and victori- ous, even when they are not. President Kennedy recognized this concept during the Cuban Missile Crisis when he and Khrushchev were striving to figure out how to retain honor with each other to avoid a nuclear confrontation. When writ- ing about the crisis, “Don’t humiliate your opponent” was one of the seven lessons Kennedy said he learned. In a conflict, if opposing counsel has


no way to save face, it is unlikely that they will back down. This is particularly true when their client is present during a dep- osition. After all, who wants to look like a loser to the client? Remember, your goal is to get answers to questions, not to van- quish the adversary. A lawyer on the los- ing end of an argument is much more likely to end the struggle if he or she is given a way out of the situation that is not terribly embarrassing, and does not force them to admit they lost. If there is some way to frame the outcome of the dispute so all sides can claim at least some suc- cess, it will make it much easier for the losing side to back down. One suggestion is to say, “Let me come back to that” and then revisit the subject later.


Maintain your balance Remaining in control of a situation


requires a cool head. When we receive a nasty letter, fax or e-mail, our first impulse is to respond. But why? “Because it will show him I can’t be pushed around!” is not a good reason. What if it’s an unfair accusation? A stinging response will sel- dom change the dynamic; it will only satis- fy the antagonizer. (Remember the pig and the mud?) Under no circumstances should you


send an e-mail. Such communications give no time for reflection or second thoughts. Stay balanced. Remember your goal. A spitting match will not further


Avoiding — continued from Page 74


PLAINTIFF...


...OR DEFENSE


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