In this episode of Face the Jury, we’re joined by one of the country’s most accomplished trial lawyers, Randi McGinn. With over 135 trials under her belt, Randi offers invaluable insights into the world of medical malpractice and creative advocacy.
The Power of Storytelling in Trial Law
From a young age, Randi McGinn discovered her knack for storytelling, honing her skills as she was tasked to entertain her five younger siblings. This storytelling foundation followed her into journalism and eventually to law, where she found her true calling.
As Randi explains in our episode, trial law is “storytelling on steroids.” Effective advocacy requires uncovering the “beating heart of the story” by investigating, collecting evidence, and discovering facts to create an impactful narrative that resonates with jurors.
Overcoming Challenges in Medical Malpractice Cases
Medical malpractice is challenging, particularly in states like New Mexico, where restrictive caps on recoveries present unique challenges. Randi shared her strategies for overcoming these barriers, including legislative advocacy to ensure fair outcomes for clients.
She recounts shocking examples of negligence, including a cardiologist who implanted unnecessary pacemakers for profit. Randi stresses the importance of “following the money” to uncover systemic issues, such as understaffing or financial motives behind poor medical care. Her investigation revealed a chilling pattern of profit-driven decisions, underscoring the importance of holding medical institutions accountable.
Creativity in Demonstrative Evidence: A Game-Changer
Randi is known for her innovative use of demonstrative evidence, which she describes as essential for engaging modern jurors who are now accustomed to visual learning. She shares a memorable case where she used a grapefruit and sticky notes to visually demonstrate where a patient’s cancer had metastasized during cross-examination. The demonstration left a lasting impression on the jury, highlighting the power of visual storytelling. By involving the jury and breaking down the complicated topic in a tangible and engaging way, she effectively dismantled the credibility of the opposing expert witness.
Jurors often feel overwhelmed by complex medical topics, struggling to make sense of intricate jargon and systems. However, Randi’s approach uses dynamic, visual presentations to capture the jury’s attention and simplify critical points in her client’s cases. Equally, her ability to humanize her clients’ stories allows juries to step into the victims’ shoes and understand the vulnerability patients face when they are most out of control and fearful of the diagnosis ahead.
Exposing the Systemic Issues in Healthcare
The conversation shifts to the systemic flaws in America’s healthcare system, exacerbated by private equity takeovers of hospitals and physician groups. Lloyd and Randi explore how profit-driven motives compromise patient care, from understaffed emergency rooms to doctors pressured to meet quotas. These issues, Randi argues, are often at the root of medical malpractice cases.
By exposing these systemic failures during trials, they find it seeks justice for clients and shines a light on broader problems in the healthcare industry. Randi’s approach highlights the importance of understanding the “why” behind medical errors beyond proving negligence.
Lessons for Aspiring Trial Lawyers
Randi offers valuable advice for aspiring trial lawyers, particularly about working with experts. She emphasizes the importance of hiring honest, diligent experts who can withstand scrutiny, as well as those who you can thoroughly vet their backgrounds to avoid surprises in court. Her meticulous approach to case preparation shows the hard work and attention to detail required for success in high-stakes litigation.
She emphasizes the importance of preparation, creativity, and authenticity. “Exposing the truth is the art of cross-examination,” she remarks, a skill she attributes to her journalistic roots and relentless pursuit of justice.
Lastly, Randi attests that there’s room for joy and humor even in the serious world of trial law. Whether through a clever cross-examination or a heartfelt moment with a client, finding the fun in the process is key to sustaining a long and impactful career.
As Randi put it, the ultimate goal is to “take words and turn those words into justice”—a mission that resonates far beyond the courtroom. It’s a reminder of the transformative power of storytelling, the value of creativity, and the importance of putting clients at the heart of every case.
Listen to Randi McGinn’s episode here and stay tuned for the next episode with our host, Lloyd Bell. “Face the Jury” is a podcast dedicated to confronting the issues involving medical malpractice in America– what it is, how to spot it and how to protect you and your family from medical negligence.