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Your Expert Witnesses Already Work for You. They Just Don't Know It.
The carrier's causation defense came apart in an afternoon, for the cost of pulling the records.
By Terry Gaffney — 4 min read
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Email usThe best expert witnesses in the country already work for you.
They have never billed you an hour. Most of them will never learn your name. They reached their conclusions years ago and put them in print. Every study, every journal article, every textbook chapter your case turns on is sitting in a database right now.
For 35 years, the problem was never that the opinions did not exist. It was that convening them cost more than most cases could bear. Hiring the doctors. Waiting the months. Paying the retainers.
That just changed. One of my own cases showed me how much.
A nurse pushed an air embolism into a three-day-old's IV line. The baby stroked and died. Negligence like that was never going to be the fight.
The fight was the defense the carrier ran, the one every carrier runs. The child was born with a severe heart defect and would have died anyway, and they would find a pediatric cardiologist willing to say it under oath. They always do.
The old answer was to hire two experts of my own, spend six months and $25,000, and pray they held up on cross. But the cardiologists who could rebut that defense had already written the rebuttal. Dozens of them, in the literature. They just did not know they were working on my case yet.
How I took the causation defense apart
So I went and got them. I pulled every article that helped my client and every article that hurt, the epidemiology on survival for that exact defect, the clinical studies, and a couple of textbook chapters. I loaded all of it into Eve with the complete medical record and told it to treat the file the way a room of board-certified specialists would, brains tied together, arguing out loud, against me.
Then I turned that room loose on the chart itself, with a five-word instruction: show me what supports us. Eve pulled the findings that mattered, the blood gases, the mean arterial pressures, the renal function, the numbers that said this baby was viable, and set them against the literature. The causation defense came off the table in about twenty minutes. Total spend to that point, $50, the cost of pulling the records. Seven hours of my time instead of six months of someone else's.
I took what Eve gave me and wrote a seventeen-page demand letter titled plainly: why this baby would have lived. Their causation defense, and how it comes apart.
They opened at $500,000. In a deceased newborn case, that is the carrier telling you they expect to grind you down. I hung up the phone. We settled at $1.1 million. The literature did all of it, and the literature never sent an invoice.
You still have to run the meeting
Eve is not a search engine, and the lawyers who use AI like one will get hurt. These models are built to please you. Ask a lazy question and you get a flattering answer, and in our work a flattering answer loses cases.
So I make the model work for the defense first. I load the studies that cut against my client alongside the ones that help, then I write instructions the way I would cross-examine: infer the worst case against my client on this variable, argue the carrier's side, tell me where my theory is thinnest. Then I make it show its work, because a citation I cannot stand behind is worse than none.
You also have to know the medicine to know when the answer is wrong. I can tell when a finding is being soft-pedaled, because I spent six years in ICUs before law school and several years after defending doctors. Hand these tools to a lawyer who cannot read a discharge summary and you have handed over the keys to a car they cannot drive. AI does not replace the reps. It multiplies them.
Why it actually moves the money
What changed is not the speed. It is leverage.
The one thing an insurance carrier cannot stand is uncertainty, and I learned that defending them. When an adjuster opens your demand and finds their best defense already dismantled, with the medicine behind it, before they have spent a dollar on their own expert, the case stops being about your client's grief and starts being about their exposure. They start wondering whether they put enough on the reserve. That is when they pay.
That is the real shift. Not that AI does the work. That it lets a solo or a small firm walk into that negotiation with the firepower that used to belong only to the shops that could front $100,000 a case.
So is it a revolution or is it hype? For the lawyer who did the reps, it is the biggest force multiplier our side has ever had. For the one hoping to skip them, it is a faster way to be confidently wrong. Same tool. The difference is the lawyer holding it.
A nurse killed a newborn, and the defense was ready to argue she was going to die regardless. The technology did not make that argument for me. It made the truth cheap enough and fast enough that a grieving mother never had to take the stand to prove it.
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