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Medical Malpractice Conference for Alabama Attorneys - Materials Only

Medical Malpractice Conference for Alabama Attorneys - Materials Only

Product Code: T19MALM

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Medical Malpractice Conference for Alabama Attorneys - Materials Only

Held in Birmingham on Friday, May 3, 2019

Attend this one-day satisfaction-guaranteed event and enhance your professional skill set while gaining valuable CLE credit, 6 hours of general CLE and 1 hour of Ethics.

This program features a faculty of leading defense and plaintiffs’ attorneys, explaining the very latest developments in healthcare liability and sharing their trial experiences.

Get up to date on the hottest issues in Alabama healthcare liability law like:

  • Using technology to help you prove your case and better manage your practice
  • Navigating evidentiary issues in healthcare liability cases
  • Effectively communicating your case theory to the judge or jury
  • Avoiding courtroom disasters – and hear firsthand experiences from the courtroom that you can learn from
  • What’s working in settlement negotiations, including how to get creative with offers and timing
  • Plus, you’ll get 1 hour of CLE ethics!

Your Distinguished Faculty

Mark Lee, Parsons, Lee & Juliano, P.C.

Stephen Heninger, Heninger, Garrison Davis, LLC

Erik Heninger, Heninger, Garrison Davis, LLC

Alex Wyatt, Parsons, Lee & Juliano, P.C

Jasper Juliano, Parsons, Lee & Juliano, P.C

Todd Huntley, Starnes Davis Florie LLP

Charles Baum, Middle Tennessee State University – Economics Professor


Friday, May 3, 2019

8:30 a.m. to 9:30 a.m.
Tips from a Judge
Judge Elisabeth French
Circuit Judge
Jefferson County

Learn from Jefferson County Circuit Judge Elisabeth French about pleading and discovery issues that medical malpractice lawyers currently face in the courtroom. Judge French has presided over civil cases since 2011 and will share her invaluable insights into what’s working – and what’s not.

9:30 a.m. to 10:30 a.m.
How to Calculate Economic Damages in Medical Malpractice Wrongful Death and Personal Injury Cases in Alabama
Charles Baum
Middle Tennessee State University 

This session will cover: 

  • Earnings Capacity: Lost earnings capacity when calculating economic losses includes lost earnings and lost employment benefits.
  • Lost Household Services: In PI and WD cases, plaintiffs typically claim losses from lost household services, for the same reasons lost earnings capacity is included as part of economic damages. 
  • Personal Consumption Expenditures: In WD cases, but not PI or ET cases, forensic economists almost always deduct an amount that the decedent is projected to have spent on their own consumption, had they lived, from the economic losses. 
  • Growth Rates: Economic theory predicts earnings will grow over time due to inflation—as prices increase, wages typically do as well to maintain purchasing power—and due to productivity increases. 
  • Life and Worklife Expectancy: Worklife expectancy is often used when calculating front pay to estimate the number of years an individual would have remained in the labor force and been employed. 
  • Mitigation: Those harmed are typically responsible for taking reasonable actions to limit damage and offset losses with mitigating factors. 
  • Discounting: Alabama courts expect economics experts to discount future losses to their present value to identify the lump-sum payment—paid in the present—that will grow when invested to the amount lost earnings and benefits would have been in the future. 
  • Interest: Interest on past (pre-judgment) losses may be allowed at the judge’s discretion in some instances, such as when damages are certain and are not disputed. 
  • Taxes: Alabama courts have a long history of not deducting income taxes from compensatory damages such as lost earnings, although the earnings otherwise would have been taxed but any damages award will not be.

10:30 a.m. to 10:45 a.m.

10:45 a.m. to 11:45 a.m.
Deposition Best Practices: How to Prepare, Take, & Defend
Mark Lee
Parsons, Lee & Juliano, P.C.

This session will cover:

  • Understanding the Reason to Take Depositions in Medical Malpractice Cases and How They Will Ultimately Be Used Before a Jury
  • How to Prepare Before the First Question Is Asked
  • What Are the Goals You Have in Mind When You Take Your Deposition?
  • Dealing with the Difficult Witness
  • Shaping the Deposition to Be Used for the Remaining Litigation and at Trial
  • Knowing When to Stop Asking Questions

11:45 a.m. to 1:00 p.m.
Lunch (Not provided)

1:00 p.m. to 2:00 p.m.
How to Apply the Law of Damages
Erik Heninger
Heninger Garrison Davis, LLC

This session will cover:

  • Types of Damages in Civil Suits
  • Quantifying Damages
  • Documenting the Extent of the Injury/Damage
  • Liens and Subrogation
  • Handling Medicare Set-Asides: Calculating Past and Future Medical Expenses/Treatment
  • Calculating Non-Economic Damages
  • Pain and Suffering

2:00 p.m. to 3:00 p.m.
Establishing Plaintiff’s Better Position Damages in Medical Malpractice
Stephen Heninger
Heninger Garrison Davis, LLC

This session will cover:

  • What Is the Concept of “Better Position” Denial of Care in Malpractice Cases?
  • Elements of Proof for “Better Position” in Establishing Damages and Causation
  • Techniques for Impacting the Jury in Recognition and Acceptance

3:00 p.m. to 3:15 p.m.

3:15 p.m. to 4:15 p.m.
When and How to Present Exhibits and Witness Lists: Process, Procedures, and Practical Pointers
Todd Huntley
Starnes Davis Florie, LLP

This session will cover:

  • Preparing Your Exhibits:
    • Is the Exhibit in the Proper Form
    • Do You Need to Provide Exhibit to the Other Party Ahead of Time
    • Have You Made Enough Copies
    • Does Someone Else Need to Testify
    • Organizing Your Presentation:
      • What You Want the Court to Order
      • What You Need to Prove to Obtain It
      • Your List of Witnesses
      • The Points That Each Witness Will Testify About
      • A List of Exhibits
      • The Procedures to Have Each Exhibit Admitted into Evidence
      • The Exhibits
      • Summarizing Major Points

4:15 p.m. to 5:15 p.m.
Jasper Juliano
Alex Wyatt
Parsons, Lee & Juliano, P.C.

This session will cover:

  • Rules of Professional Conduct
  • Handling Highly Prejudicial Evidence
  • Talking to Witnesses Before They Testify
  • Identifying and Avoiding Conflicts of Interest
  • Responding to Jurors' Questions During Voir Dire
  • Candor Toward the Tribunal


Location & Conference Details

Friday, May 3, 2019
Registration begins at 8:00 a.m. The conference begins at 8:30 a.m. and concludes at 5:15 p.m.
(There will be morning and afternoon breaks, and attendees will have 1 hour and 15 minutes for lunch on their own.)

Holiday Inn Hoover

2901 John Hawkins Pkwy
Hoover, AL 35244
Hotel Website


  • $497 for Full Program
  • $427 for Additional Attendees from the same firm
  • $247 for Materials
  • Early Bird: $50 off until Mach 25!


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Our guarantee

If for any reason you are not completely satisfied with a M.Lee Smith product, simply return it within 90 days of purchase and we will issue you a full refund. *

*Digital product and event terms may vary.

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