
Episode 44
March 19, 2025
Trial Nugget: Winning the Causation Battle: How to Make ‘Increased Risk of Harm’ Work for You
Episode Summary
Brendan Lupetin offers a practical strategy for explaining “increased risk of harm” causation to jurors in medical negligence cases. Using relatable examples like a Steelers game and a house fire, he demonstrates how to transform this challenging legal concept from a technical hurdle into a powerful asset. Brendan emphasizes the importance of introducing this concept in opening statements and reinforcing it during closing arguments to ensure juror comprehension.
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