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The Cases Most Likely to Collapse Are the Ones With the Most Compelling Intakes

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

Here is the most uncomfortable thing that can be said plainly to plaintiff attorneys with experience in med mal.

The cases most likely to collapse are not the ones with thin facts. They are the ones with the most emotionally compelling intakes.

Why Emotional Weight and Clinical Viability Are Not the Same Thing

The young patient. The preventable outcome. The family that did everything right. The physician who seemed dismissive. The documentation that reads like nobody cared.

These cases generate the strongest attorney commitment. The most invested client relationships. The deepest case development. And when the expert report comes back and says the care was appropriate, the loss is not just financial.

It is the conversation with a family who structured their grief around the belief that someone was going to be held accountable.

Why This Pattern Is So Consistent

The clinical pattern behind these collapses is consistent. The intake narrative was built on memory, emotion, and outcome bias. The chart told a different story that no one with clinical training read before the commitment was made.

A bad outcome is not the same as a deviation from the standard of care. A physician who seemed dismissive is not the same as a physician whose care fell outside the applicable standard. A family's certainty is not clinical evidence. These distinctions are not callous. They are the reason pre-litigation screening exists.

What Changes With Early Screening

Pre-litigation clinical screening does not make those cases less sad. It means you know what you have before a family builds their sense of justice around your ability to deliver something the medicine cannot support.

That is the real argument for doing this at intake. Not the money, though the money matters. The human cost of the alternative.

Submit your case for a Converge Review at caseveritas.com before the commitment is made.

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