Watch: Managing Partner Jay Kelley Featured on the Trial War Stories Podcast
Written by Jay M. Kelley III in Firm News, Medical Malpractice on July 14, 2026
Elk + Elk Managing Partner Jay Kelley recently sat down with host Andy Goldwasser on Season 2 of the Trial War Stories podcast to unpack one of the most remarkable medical malpractice cases of his career. The conversation explores how persistence, careful investigation, and following the evidence helped uncover critical facts that changed the direction of the case.
What You’ll Hear in This Episode
- Why one medical malpractice case stayed with Jay years later.
- How persistence uncovered evidence that initially seemed impossible to find.
- What younger attorneys can learn about preparation and discovery.
- Why following the evidence matters more than proving a theory.
- How sharing courtroom experiences can improve patient safety and legal advocacy.
Unpacking the “How” Behind the Truth
Trial lawyers often spend years developing their approach to investigating and trying complex cases. But for Jay, appearing on platforms like Trial War Stories serves a much larger purpose than simply recounting past victories. It is about illustrating what is possible when an attorney refuses to stop asking questions.
“Sharing illustrates what is possible for others,” Jay notes when discussing his motivation for speaking openly about complex medical malpractice litigation. “We all take lessons from each other and assemble strategies, tactics, and ways to execute. It’s incumbent on each of us to share to improve safety.”
Jay explains that the educational value of an open discussion lies primarily in pulling back the curtain on the mechanics of discovery.
“A podcast needs to be about the how more than the who. My goal is to demonstrate what breadcrumbs sparked thought and illuminated a path towards the truth.”
Demystifying the Legal System for Grieving Families
Medical malpractice litigation is notoriously complex. It is filled with dense terminology, confusing hospital protocols, and statutory damage caps that can leave everyday people and grieving families feeling completely overwhelmed. When an unexpected tragedy occurs in a hospital setting, finding clear answers can feel like an impossible task for those outside the legal community.
While these conversations are highly technical, they also help make the legal system more transparent. By discussing the realities of deep-dive discovery out in the open, attorneys can help demystify an otherwise opaque process.
According to Jay, the impact of these open conversations is less about altering the legal mechanisms themselves and more about fostering the vital dialogue that leads to better results. “Podcasts don’t change discovery per se,” he points out. “They prompt thoughts and promote communication among counsel, which can ultimately improve outcomes.”
When attorneys learn from one another, the quality of advocacy improves for everyone.
Out Digging the Institutions: Advancing Broader Safety
One of the most profound takeaways from the episode is the reality of institutional resistance. When a tragic outcome occurs, major health systems and large institutions often focus on defending their decisions and procedures. They may assert that no further documentation exists or that the medical chart tells the complete story.
To counter this type of institutional barrier, Jay emphasizes that personal injury and medical malpractice lawyers must commit to a level of preparation that rivals, or even exceeds, the institutions they are challenging.
“I am convinced we need to know more about what information is retrievable than even the institutions. Learning record systems, hiring consultants, and digging is essential. As in all situations, listening is critical also.”
This relentless approach to discovery does more than just secure justice for a single client. It highlights systemic vulnerabilities that demand correction.
The Responsibility of Leadership and a Love for the Practice
Leading a firm and managing an active caseload requires immense time and energy. Yet Jay believes participating in educational conversations and sharing lessons learned is an important part of the profession.
Reflecting on his conversation with the host, Jay emphasizes the mutual respect that drives these meaningful exchanges. “First, Andy Goldwasser is an incredible lawyer himself, so I will always talk with and learn from him,” Jay says.
Ultimately, public advocacy and knowledge sharing are direct extensions of an attorney’s dedication to their clients and the profession as a whole. Rather than viewing public education or media appearances as an administrative chore, Jay sees it as a reflection of purpose.
“I hate when lawyers express unhappiness with their position and practice. Our practice is a reflection of us and what we invest. I love what I do and the people who trust me to help. So I will always share.”
Jay’s appearance on Trial War Stories offers a behind-the-scenes look at persistence, preparation, and the critical thinking that goes into complex medical malpractice litigation. More importantly, it reflects his belief that sharing knowledge strengthens the legal profession and ultimately benefits the people attorneys serve.
With decades of experience helping injured individuals, the team remains dedicated to uncovering the facts that protect patients and hold powerful institutions accountable.
Jay M. Kelley III - Managing Partner
Meet Jay M. Kelley III, a top medical malpractice and catastrophic personal injury attorney in Ohio with over 30 years of experience and a proven track record of securing millions in verdicts and settlements. He leads Elk + Elk’s comprehensive litigation strategy across state, federal, and appellate courts, drawing on a unique background as a former felony prosecutor and hospital defense lawyer. Jay focuses on high-stakes, complex cases, including birth injuries and wrongful death, and is widely recognized by Best Lawyers and ranked among the Super Lawyers Top 10 in Ohio.
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