| name | expert-omissions-analysis |
| title | Expert Omissions Analysis |
| description | Analyzes expert witness reports against complete medical record sets to identify omissions, bias patterns, and methodology gaps. Generates impeachment-ready reports with pin-cited findings and strategic recommendations. Triggers when the user needs to review opposing expert reports, prepare cross-examination, support Daubert/Frye motions, or retain rebuttal experts in personal injury or medical malpractice litigation. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/expert-omissions-analysis |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | personal-injury |
| language | en |
| tags | ["analysis","litigation"] |
Expert Omissions Analysis
Cross-references expert materials against the full medical record set to surface omitted records, classify their impact, and produce a structured impeachment report.
Prerequisites
- Complete medical record set — Bates-stamped or indexed, all discovery-produced records
- Expert materials — report(s), deposition transcript(s), CV, supplemental declarations
- Expert's materials-reviewed list — extracted from report or deposition
- Case chronology — treatment timeline, injuries, key medical events
Workflow
1. Inventory and Cross-Reference
Build a comparison matrix with columns: Record ID/Bates range, date of service, provider/facility, record type, cited by expert (Yes/No/Partial), and expert cite location (report page or depo page:line).
Flag every record where cited = No or Partial.
2. Classify Omissions
Assign priority to each flagged record:
| Priority | Criteria |
|---|
| Critical | Contradicts opinion, shows alternative causation, or reveals undisclosed pre-existing condition |
| High | Fills chronology gap or documents unaddressed treatment decisions |
| Moderate | Qualifies or weakens conclusions |
| Low | Cumulative or unlikely to affect opinion foundation |
3. Evaluate Methodology
Assess the expert's review process:
- Did the expert provide a complete materials-reviewed list?
- Does the expert's chronology match the actual medical timeline?
- Are factual assertions contradicted by records the expert claims to have reviewed?
- Did the expert acknowledge and explain gaps?
- Does the methodology satisfy Daubert/Frye reliability factors?
4. Identify Bias Patterns
Flag systematic omission patterns:
- Omissions cluster around records supporting opposing theory
- Pre-existing conditions consistently excluded
- Unfavorable imaging/labs ignored while favorable ones cited
- Selective quotation (partial citation)
- Temporal gaps obscuring intervening causes
5. Generate Report
Structure output as:
I. Executive Summary — total records, count not cited, critical/high omission count, key finding (1–2 sentences)
