Recently, GOT Principal Attorney Jim Gottschalk teamed up with the Simon Law Firm, as well as other top St. Louis area trial attorneys at St. Louis University School of Law, to present a medical malpractice mock trial. Jim had the opportunity to serve as defense counsel in the mock trial, and the experience offered invaluable takeaways for any litigator.
The Case
The mock trial centered on a young boy named Timmy, who was brought to the emergency room after several days of concerning symptoms. The plaintiff alleged that the treating physician at SLU Hospital, Dr. Smith, failed to meet the standard of care by not diagnosing and treating bacterial meningitis in a timely manner, which ultimately resulted in Timmy’s permanent hearing loss.
Jim’s defense team argued that Dr. Smith was a highly qualified physician who acted reasonably based on the clinical information available to her at the time. The symptoms Timmy presented were consistent with an upper respiratory infection, and the defense maintained that aggressive interventions like a lumbar puncture or early antibiotics were not warranted and could have even caused harm, given what was known at each stage of his care.
The jury ultimately found for the plaintiff and awarded $5 million in damages — half of the $10 million plaintiff sought.
What the Trial Taught Us
- Your theory of the case must be simple, sharp, and repeated. Plaintiff’s counsel came in with a clear, focused narrative: the doctor missed the signs, and a child paid the price. That message was reinforced in the opening, during every cross-examination, and hammered home in the closing. A compelling theme that a jury can walk into the deliberation room and repeat back is invaluable.
- Visuals are essential. Jurors are not reading medical records. When counsel put a visual timeline on the screen, the complexity of a multi-day clinical story made sense. If your case involves a timeline, a process, or technical information, don’t just say it. Show it.
- Emotional sensitivity is strategy. One of the most instructive moments of the day was watching Jim cross-examine Timmy’s mother. She was a sympathetic witness on a case involving her injured child, the kind of witness who can turn a jury against you fast if you’re not careful. Jim acknowledged the weight of what she had been through while still methodically walking through the timeline of decisions she made in the days before the ER visit. The jury saw the gaps in her care without Jim having to point them out. It was a masterclass in how to challenge a witness without making the jury resent you for it. How you ask is just as important as what you ask.
Mock trials are an investment in courtroom excellence, and a reminder that the best litigators are always sharpening their craft.