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Every Objection to Pre-Litigation Clinical Screening, Answered

Dr. Andrew Tisser, DO MBA & Gina Marra, RN LCSW LNC CLCP

Every objection attorneys raise to pre-litigation screening has an answer. Here they are.

It Is Another Cost on a Contingency Case

You are already spending $8,000 to $15,000 on retained experts for cases that do not file. One thousand dollars before that decision is not a cost. It is the cheapest line item in your case budget and the only one that tells you whether the rest of the budget is justified.

I Have Been Doing This Long Enough to Know Which Cases Have Merit

You have developed strong legal intuition. You have not developed the ability to read a vital sign trend, interpret an anesthesia record, or identify a documentation deviation that lives in the nursing flowsheet on page 340 of a 600-page chart. Those are different skills and they are not interchangeable.

My Paralegal Reviews the Records

A paralegal with medical record experience is valuable. They are not a board-certified physician and a licensed legal nurse consultant conducting a formal standard of care analysis. The output is not the same and the defensibility of your intake decision is not the same.

I Already Have a Nurse I Call

A colleague doing you a favor is not a written clinical findings summary documenting standard of care, causation, and expert recommendation. One is a phone call. The other is a record of clinical analysis that shapes your entire case strategy from intake forward.

Five Business Days Is Too Slow

Rush review is available. Cases have been turned in 48 hours for statute-sensitive matters.

I Cannot Justify It on Every Case

You do not have to use it on every case. Use it on the ones you are not sure about. Those are the exact cases where the math is most obvious.

The Objection Nobody Says Out Loud

Every objection above has a direct answer. The only one that does not is the one attorneys do not say out loud: that they would rather not know. That uncertainty feels less costly than clarity because clarity requires a decision. It is not. The cost of not knowing is paid every time a case runs deep before the medicine confirms what a screen would have told you in week one.

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