MedMal Strategy
What Opposing Counsel Actually Tests Your Expert On
The three things opposing counsel actually test your expert on, and why getting the match right happens the day you choose the expert, not in the deposition.
Medical Malpractice Insights
Medical malpractice reviews, expert witness strategies, and AI in the legal space. Fast and to the point, just like our reports.
MedMal Strategy
Medical Malpractice Payouts Data – Insights Hiding in Plain Sight
The NPDB recorded $4.7 billion in malpractice payouts in 2023. The data hiding inside that number tells you exactly where most firms are leaving money on the table.
MedMal Strategy
The Top Reason Good Medical Malpractice Cases Get Missed & Bad Cases Get Pursued
The most underdiagnosed problem in malpractice intake isn't incompetence: it's specialty mismatch. Here's why getting the reviewer right changes everything downstream.
MedMal Strategy
The Uncomfortable Truth About Offshore Medical Case Review
Offshore case screening looks reasonable on a spreadsheet. Here's why the math breaks down — and why a bad screen costs far more than the money you thought you saved.
MedMal Strategy
What Attorneys Should Ask Their Medical Experts (But Almost Never Do)
Asking a medical expert "do I have a case?" is the wrong question. Here are the five questions that separate a real screening opinion from a rubber stamp.
MedMal Strategy
Hustling drains your time and money. Let Experitas hustle for you.
The expert witness marketplace hasn't changed in decades. Directory fees compound. Cold outreach goes unanswered. Experitas delivers real clinical judgment before you commit real resources.
MedMal Strategy
AI is a Tool, Not a Solution
AI can summarize brilliantly—but causation analysis is where confident-sounding output becomes a liability. Experitas breaks down AI hygiene and why a real physician stays at the center of every case.
MedMal Strategy
Trying to Get Blood From a Turnip
A winning judgment means nothing if it can't be collected. We examine Jeffrey Segal's take on what a physician's mid-litigation bankruptcy filing means for plaintiff counsel.
Frequently Asked Questions
A Certificate of Merit (COM) is a legal document, required in 23 U.S. states, in which a qualified medical expert attests that a medical malpractice claim has merit before or shortly after filing. Requirements vary by state — some mandate the certificate before filing, others allow up to 90 days post-filing. Non-compliance is the leading procedural cause of case dismissal.
Qualified medical expert witnesses must hold an active medical license, maintain current clinical practice in the relevant specialty, and have experience with the specific standard-of-care issue in question. At Experitas, experts are additionally screened for board certification, malpractice history, and deposition experience before being matched to a case.
AI-assisted case screening uses natural language processing and clinical pattern recognition to analyze medical records, identify deviations from the standard of care, and flag potential merit indicators. This reduces intake evaluation time from weeks to hours and helps firms avoid rejecting viable cases due to manual review bottlenecks.
A strong medical expert witness should be board-certified in the relevant specialty, actively practicing clinical medicine, experienced in depositions and trial testimony, and free of disciplinary actions. Courts increasingly scrutinize whether the expert's clinical experience is current and directly relevant to the case at hand.
Stay Informed
Have questions about a case or want to learn how Experitas can help your firm?