Lexcura Summit · Approach

Clinical Strategy Guide

A working strategy should connect a clinical uncertainty to a practical action. Screening, discovery, expert preparation and settlement require different questions; repeating a case narrative at each stage wastes the opportunity to refine it.

Daily litigation decisions

Let the next case decision determine the next evidence task.

At each stage, ask what could change the next decision and which source would resolve that uncertainty. The goal is a focused evidence task, not another repetition of the chart narrative.

Before committing resources, what could defeat the theory?

Identify the alleged departure, injury pathway and major evidentiary gaps. Review facts that support an acceptable response or a competing cause as well as those that support the allegation. A preliminary review should flag limits, not imply a settled liability opinion.

In practice · what this means for the case

Use a screening memo with three headings: supported, unresolved and potentially contrary. Counsel can then decide which targeted request or expert input is worth the next investment.

During discovery, which request resolves a real uncertainty?

Tie each request to a decision: who knew the finding, when the result reached the team, what intervention occurred or how the patient changed. Broad demands can miss the specific communication or audit evidence that distinguishes two competing accounts.

In practice · what this means for the case

Maintain a question-to-record list and identify the likely custodian. Ask for date ranges and source categories appropriate to the issue instead of repeating a generic chart request.

Before expert review, what does the expert need to test?

Provide cited records, a neutral event timeline, the disputed clinical decision and the contrary evidence. Separate standard-of-care questions from causation and damages questions. Do not ask one expert to resolve matters outside their specialty simply because they reviewed the file first.

In practice · what this means for the case

Prepare a short instruction note with focused questions and identified limits. Ask which additional specialty or record set would materially change the opinion.

Before settlement, is the position still supported?

Reconcile new records, witness evidence and expert findings with the current theory. Distinguish clinical uncertainty from litigation risk and identify assumptions in the claimed future-care or functional loss. An early screening position should not remain fixed after evidence changes.

In practice · what this means for the case

At the case conference, state what changed, what remains contested and which uncertainties affect valuation. Counsel determines the legal strategy and settlement position.

Illustrative scenario · not a client case

Illustrative deposition-preparation scenario

Two witnesses give different accounts of who received an abnormal result. Rather than asking both to repeat the entire episode, use the source communications and result history to test availability, responsibility and follow-through. The clinical question determines the sequence of witness questions.

Leave each case conference with a prioritized evidence task, a responsible person and the decision that task will inform.

For the underlying methodology, see Clinical Intelligence. General educational information; conclusions about an individual matter require record-specific review.

Working evidence

What to bring to the next case discussion

Stage-specific decision

Screening, discovery, expert instruction or settlement question.

Evidence task list

Uncertainty, requested source, custodian and expected decision impact.

Case conference update

New facts, contrary findings, expert needs and unresolved limits.

Continue with the question your matter needs.

Case Strategy and Analysis Expert Witness Coordination Causation Mapping

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