SCREENING FOR MERIT: PRIMARY SERVICE PROVIDED BY CLNC®'S

Screening is usually the first service provided by the CLNC® for Plaintiff or Defense Attorneys.

Cases are primarily screened to assess whether meritorious or defensible, analyzed to identify potential defendants and to determine if all four legal elements are satisfied:

a.    Duty

b.    Breach of duty

c.    Damages and injuries

d.    Causation

It is important to screen a case as early as possible in the legal proceedings to:

a.    Help lower costs

b.    Keep non meritorious cases out of the system

c.    Promote faster settlements

Screening is an objective opinion, usually given verbally or by email as to whether the case has merit or not.

A screening report usually consists of:

a.    The case theme

b.    The objective opinion of whether the case does/does not have merit

c.    Conclusion as to why the above decision was made

d.    Recommendations if the case were to proceed.  

Depending on the complexity of the case, the goal is to complete the screening within 3-8 hours.

In order for the case to be screened the CLNC® will need all relevant records and items which may include:

a.    Complete and unaltered copies of the medical records of the incident that is the bases of the case

b.    X-rays, CT scans, MRI’s, MRA’s, PET scans, SPECT scans

c.    Pathology slides and blocks

d.    Fetal monitor strips

e.    EKG monitor strips from ER, ICU, CODES

f.    Incident reports

g.    Photographs and videos

h.    Past medical records if applicable

i.     Subsequent treating records if applicable

j.     Other tangible items

k.    Medical bills

l.      Client narratives

m.   Interviews with plaintiff, defendant and witnesses

A CLNC® has a responsibility when screening a case to:

a.    Establish whether a conflict of interest exists

b.    Be informed of when the statute of Limitations expires in order to prioritize

c.    Be aware of economic implications

d.    Stay detached

e.    Give an objective opinion

f.    Screen quickly

g.    Look for evidence of tampering

h.    Answer all relevant questions and issues

If the case is meritorious, a screening report may then be developed into a full report with further investigation into the relevant records etc.