The Litigation Psychology Podcast

#317 - State of the Union in Healthcare and Medical Malpractice Litigation

June 29, 2026·56 min
Episode Description from the Publisher

Trial Attorney Tad Eckenrode of Eckenrode-Bauman joins Bill Kanasky, Jr, Ph.D. to talk about the current state of medical malpractice litigation. Bill and Tad discuss the reasons for a lack of trust in the healthcare system. They talk about questioning strategies in voir dire to identify more specifically where juror frustrations with the healthcare system stems from and the challenge with not being able to discuss insurance with jurors. Tad and Bill also discuss the challenges with medical malpractice cases in the correctional facilities space and their perspectives on the use of AI in healthcare and the risks of using AI in both the patient/provider relationship and in the legal process. Last, Bill and Tad talk about witness pivoting, the problems that occur when a witness pivots, and the problem with attorneys who encourage their witnesses to ramble and be evasive in order to keep opposing counsel from getting a clean transcript.

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