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Initial Case Review and Consultation
 
To proceed with a review: After your case is triaged, simply forward all relevant material to Medilex with a signed Good Faith Agreement (please inquire) and the required minimum fee, which covers the first two hours of the medical expert's time. Material will be immediately sent to the medical expert for a thorough review and a clearly-explained, fair, honest verbal report.
It is our commitment that the cost of the initial review and verbal report will not exceed our minimum fee unless you agree in advance. If the medical expert cannot review your case and provide a verbal report for the minimum fee, you will be told in advance of the exact balance. Additional hours, if any — for review and consultation (as well as research and writing, by the way) — are billed at a flat hourly rate. You can then choose either to have the medical expert complete the review by paying the balance or to cancel the review and receive a substantial refund.
Factors such as the volume of relevant material, complexity of presented issues and legibility of documents, of course, all bear on the amount of review time needed. However, attorneys are assured that while review times may exceed that covered by the minimum fee, the ultimate control over the fee is theirs.
When time is of the essence, most medical experts can provide expedited reviews and/or written reports for an additional fee. Such cases are those requiring an initial review and verbal report within about three weeks or less or a written report in about four weeks or less.
IMPORTANT NOTE: Medilex works with attorneys only. We apologize but Medilex never works directly with members of the public, even those handling their own cases (i.e., pro se). If you do not have an attorney, we strongly recommend that you retain a well-qualified one immediately to protect your rights.
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Written Reports and Affidavits
Preparation of a written report or work on an affidavit (both always only at the direction of the attorney) may be requested to follow the verbal report. Specific required language should always be discussed in precise detail with the medical expert during the verbal report to avoid misunderstandings, expedite preparation time and reduce billing. For most written reports, an advance retainer is required, with the balance due (or refund provided) prior to its release.
Subsequent Medical Expert Work
Of course, our medical experts are also available to you as the case progresses. Whether you need to have a written report drafted, assess the contents of an affidavit, review an expert disclosure, prepare to depose the opposing medical expert, discuss deposition testimony, or simply update yourself on the medicine, your medical expert is available through Medilex to help you win your case. One phone call to Medilex is all it takes. Medilex is the office for the medical expert. Just call us if you need anything.
Medical Expert Testimony
When deposition and trial testimony is needed, your medical expert is available to support his or her opinions. With Medilex, testimony time itself is billed on a half- and full-day basis and at higher rates than time for case review time. Medilex has a fair, stepped refund policy based on the date/time of cancellation. Fees for testimony time as well as scheduling/cancellation procedures are available upon request.
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Helpful Hints
Here are some helpful reminders to those handling cases involving medical experts, whether or not you are working with Medilex:
- Do not delay. Over the years, this is far and away the most important thing most attorneys forget. Medical experts can have emergencies, teaching obligations, conferences, vacations, or otherwise be unavailable. Always allot more than sufficient time to allow for contingencies such as: incomplete materials (requiring more time to obtain same), expert conflict of interest (requiring a 'replacement' medical expert), an unfavorable opinion (such that a second opinion is desired), or a newly discovered issue (requiring an additional medical expert).
- Develop your strategy first; act second. Many attorneys send cases for review without understanding what they need to prove, what each medical expert needs to say, and what each medical expert can legitimately state and stay within the scope of his/her field of expertise. Despite procedural requirements in some states, many attorneys file suit without ever consulting an expert. Self-interest aside, this is more than just unwise. Beyond that, before you file suit you should have the best understanding possible (under the circumstances) of your case, the issues presented, and what medical expert fields need to opine about which issues to get you to the final goal of winning your case.
- Always send copies of originals, not the originals themselves. Sending a unique/irreplaceable item that could be the crux of your medical-legal case could soon be the crux of the legal malpractice case against you. That should be a sobering thought. Always consider the possibility of human error by your staff, your chosen overnight carrier or the post office, a medical expert, an expert's staff, etc. We believe in this so strongly that Medilex will never accept responsibility for materials that are lost, destroyed or damaged. Sending original materials will delay the review process until they are retrieved and copies sent in replacement. Also note that materials (including radiologic films) will not be returned to the attorney.
- Include all relevant material initially, especially copies of radiologic films. Failing to do so can result in an expert needing additional billable time to re-review the case, at least in part, upon receipt of the missing materials.
- Include a chronology. A chronology of events and issues presented (consistent with any discovery concerns) can expedite the review process and make it less costly. Helping the medical expert this way may save you time and money.
- Label all material by source. At a minimum, label each document set by source to tell the medical expert who had possession (and responsibility) for which materials. This will make the medical expert's review more accurate. Disordered records require an expert's time to organize. Moreover, errors can result, for example, when an expert has to guess who had certain material and who is, therefore, responsible for its content.
- Ask the hard questions when you speak to your medical expert. Be thorough when you speak to your expert. Does the medical expert need to opine to a reasonable medical certainty? Was the failure to make that diagnosis a deviation from the standard of care or just C-minus medicine? Are you trying to get the medical expert to opine outside of his/her field? Is the medical expert erroneously opining outside his/her field? Has your expert done the surgery in question? Further, your medical expert may or may not be familiar with the language requirements of your court. Always know exactly what the expert will need to say and ask him/her when you speak. It is better to find out the truth now than when the witness is on the stand at trial.
- Do not "dump" materials. "Dumping" is sending years (or many months) of additional materials, usually deposition transcripts, very close to a deadline such as a trial or deposition. A medical expert is only human and may not be able to do the work, do it thoroughly or do it correctly without sufficient time. "Dumping" can seriously jeopardize your case. It can also cause you to alienate your medical expert.
- Consult with your medical expert regularly. Doing so will assure that he/she is up to date and can give you the best advice possible. Consult with the expert prior to conducting/defending depositions. Let the expert assist as you draft documents. It is always best to be careful rather than to assume.
- Provide sufficient notice for testimony time. Generally, three weeks' notice is the bare minimum advance notice for most, but that is not true for all medical experts. Some need more; others less. Insufficient notice may result in an unavailable expert for trial with disastrous results. With Medilex, testimony time itself is billed on a half- and full-day basis and at higher rates than time for case review. Medilex provides for partial refunds based on the date/time of cancellation. Our detailed testimony scheduling/cancellation procedures are available upon request.
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