Ben applied to law school and was admitted to Boston University School of Law. There, Ben was a standout student. His grades were so exceptional after his first year that he was accepted as a transfer student to Yale Law School where he earned his law degree. On his return to Maine, he joined Berman & Simmons, PA, Maine’s largest plaintiff’s law firm. During his 17 years at Berman & Simmons, Ben enjoyed many great successes and some disappointing failures, but overall managed to build the most successful plaintiff’s personal injury and medical malpractice practice in the State of Maine. In 2014, after 4 ½ year of litigation, Ben achieved a record-setting $22.5 million jury verdict in Burlington, Vermont, on behalf of a utility lineman who lost both of his legs during a high-voltage powerline switching operation. More recently, Ben recovered $2.5 million in a medical malpractice case tried to a jury in New Hampshire. Ben has been named in Best Lawyers in America every year since 2013 and was named “Lawyer of the Year” for the State of Maine twice. Ben has been listed in Super Lawyers every year since 2013. He has received the top rating of “AV Preeminent” from Martindale-Hubbell and has a 10.0 out 10 rating on AVVO. In 2019, Ben became only the second lawyer in Maine to be inducted into the Inner Circle of Advocates, an invitation-only group of the best 100 plaintiff lawyers in the United States.
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The key to success in medical malpractice is to make the case about something more than an error in human judgment committed by doctors or nurses. Jurors believe that mistakes can happen, and many doctors and nurses are likeable, well-intentioned, people who jurors do not want to punish with a large verdict.
However, doctors and nurses are trapped in a for-profit medical system that creates perverse incentives that lead to bad patient care and poor outcomes. In many cases, the doctors and nurses are also victims of this system. The most compelling medical malpractice cases are those that go beyond individual acts of human error to uncover the underlying root cause of the problem—that is, the system failure.
In this half-day workshop, participants will discuss their own medical malpractice cases, with the goal of better understanding how to identify and litigate the system failure aspects of the case.
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