Self-Serve tier

Triages whether the operative state requires a pre-suit or contemporaneous affidavit (or certificate) of merit for medical malpractice complaints, identifies the qualifying-expert and timing rules, and prepares the compliant affidavit package or confirms exemption.

Tests the enforceability of a pre-dispute arbitration clause in a medical-services agreement under the Federal Arbitration Act, the operative state's contract law, and Tunkl-line public-policy doctrine, addressing nursing-home, hospital-admission, and physician-office variants.

Maps the operative state's posture on the collateral source rule in medical malpractice cases, identifying whether tort-reform legislation has abrogated, modified, or preserved the rule, and prepares the evidentiary handling and damages-offset framework.

Identifies whether the operative state imposes a statutory cap on non-economic damages in medical malpractice (pain and suffering, loss of consortium, disfigurement) and flags constitutional-challenge posture; prepares the cap-application worksheet and stacking analysis.

Maps where the federal Emergency Medical Treatment and Active Labor Act overlaps with and diverges from state-law medical malpractice when an emergency-department screening or stabilization fails, identifying which claims are EMTALA-cognizable and which are pure malpractice.

Builds the expert witness foundation memo under FRE 702 (as amended December 2023) and the Daubert reliability framework, addressing why medical malpractice almost always requires expert testimony and how to harden the expert against exclusion.

Builds the informed-consent claim framework under the patient-centered materiality standard from Canterbury v. Spence, separating the duty to disclose, the materiality element, the causation element, and the harm element with jurisdictional overlay.

Tests whether the operative state recognizes a loss-of-chance theory of recovery for medical malpractice cases where the patient's pre-treatment likelihood of survival or recovery was already below 50%, and structures the proportional-recovery damages model.

Tests whether res ipsa loquitur ("the thing speaks for itself") can establish a prima facie inference of negligence in a medical malpractice case without direct expert proof of breach, applying the Ybarra extension and modern jurisdictional limits.

Identifies whether the operative jurisdiction applies a strict locality rule, a similar-locality rule, or a national standard of care for medical malpractice, and produces a defensible standard-of-care framework for the expert affidavit and trial.

Computes the statute-of-limitations and statute-of-repose deadlines for a medical malpractice case under the operative state's rule, applying the discovery rule, fraudulent concealment, foreign-object exception, and minor-tolling overlays.

Tests whether a hospital can be held vicariously liable for the negligent acts of physicians under respondeat superior (employed physicians), apparent agency (independent contractor physicians), or corporate negligence (independent breach by the institution).