Subject Matter Expert Consultation Use Case

Turning a Subject Matter Consult into a Winning Argument

The challenge

When a former dermatology patient claimed to have developed disfiguring full thickness burns and a chronic pain condition following his doctor’s use of a laser-based tattoo removal device that allegedly fell outside the standard of care, a Scottsdale-based malpractice insurance carrier tapped Guidepoint to source specialty expertise.

In order to build a case that would remove liability from the doctor and place it instead with the sun exposure the plaintiff had been warned against, the firm had retained an expert dermatologist specializing in laser tattoo removal. However, more information regarding the device in question was needed, as the plaintiff specifically laid blame with the dermatologist’s choice to use this device.

Helping a defense team argue with authority by connecting them with one

The solution

Thanks to Guidepoint’s Subject-Matter Expert Consultations — hour-long conversations that enable clients to speak with a custom-recruited Advisor without needing to make any commitment to retain the expert moving forward — we were able to quickly source a verified expert designer and builder of this exact type of laser tattoo removal device.

The attorney, the dermatological specialist and the laser designer participated in a constructive discussion that vetted the capacity of the technology to cause harm and gave the lead attorney the insight required to mount an informed defense.

The results

The scientific evaluation provided by the expert consultation, which maintained the plaintiff’s scenario was far-fetched, enabled the Scottsdale firm to press its case. The resulting verdict: because he acted against the advice of his doctor by exposing the area to prolonged sunlight, the plaintiff was responsible for his own burns.

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