Nancy: How is Kalivar.com different than other "expert witness" companies?
Mark: Kalivar.com allows attorneys to offer rewards to medical experts for preliminary opinions on a potential medical malpractice case. For physicians, this is no different from when an attorney contacts them for an initial take on a case, except that with Kalivar, they are also compensated. Attorneys who use Kalivar.com save time and money by allowing our technology to crowdsource specialists to provide preliminary opinions for a case. This allows the attorney to amass critical information about a case within a few days.
Nancy: How am I identified on the Kalivar.com site if I post a case (attorney) or an opinion (physician)?
Mark: Although case summaries and opinions are posted online, personal information is not shared with the other party or publicly. Of note, there are no legal ramifications for the physicians as they are only offering an opinion based on a short summary, without performing a formal review of the records. This is not that different from posting a comment on any social media.
If the attorney decides to retain one of the experts responding to the posted case, Kalivar staff will verify that the expert is available, that s/he has no conflicts, and will agree to work with the attorney. Only at that point, will Kalivar make introductions. Experts are then paid directly by the attorney according to their own fee schedules.
Nancy: How do I improve my chances of being rewarded and possibly retained as an expert?
Mark: If Kalivar.com receives more opinions than requested by the attorney, the attorney may determine which opinions should be rewarded. Usually, the more thorough and thoughtful the responses, the higher the chances of receiving a compensation. The attorneys obviously want to reward those experts who have provided the most valuable insight. In absence of a specific selection made by the attorney, opinions are rewarded on a first-come first-served basis.
The initial reward amount for an opinion is listed with the posting - typically $120.
Over 40% of the cases posted on Kalivar result in an expert being retained as an expert witness.
You can click on prior closed cases posted on Kalivar.com to get an idea of the type of responses others have provided, which opinions have resulted in a reward and which ones resulted in the expert being retained. You can also click on "How does Kalivar work?" to get additional information.
Nancy: What level of experience do you look for in your physician experts?
Mark: The vast majority of our experts are board certified specialists, and they usually work in major academic institutions. But regardless of their credentials, only experts who are at least 5 years out of training are allowed to sign up to Kalivar.
If the attorney is interested in the author of a particular opinion, s/he can access the credentials of any expert that posts a comment on Kalivar. We preserve confidentiality for our physician experts, but we do disclose the following information: city and state of practice; board certification; year of completion of medical training; type of practice (academic vs. private); previous experience as an expert witness; availability to review cases, be deposed, or testify in trial; and fee schedule. You can access this information by clicking the button "Show Credentials" located at the bottom of each expert opinion.
If an attorney is particularly interested in an expert and has additional questions about that person, the attorney should feel free to contact me directly via email or through Kalivar.com.
Nancy: Can an attorney decide on an amount to reward experts for initial review?
Mark: We have learned that the best responses from experts are received at a certain price point. We have reset our very reasonable attorney cost to $400 for at least two expert opinions and $500 for at least three expert opinions. The attorney only pays for the expert opinions received. If in five days there are fewer opinions than requested, the attorney will receive the corresponding reimbursement.
Every now and then, more specialists will respond to a case than requested. If this happens, the attorney has the option to select which experts to compensate. This rarely occurs, but it has happened on occasion.
Nancy: So, physicians are expected to provide an opinion without a promise of compensation?
Mark: Kalivar is not asking a physician to provide anything different than a curbside opinion attorneys may ask of the physician by email or a phone call. When asking for a curbside opinion, attorneys typically do not offer any compensation.
Kalivar's cash award of $120 is for literally 10 minutes of a physician's time. It is true that compensation is not guaranteed. However, it is rare that comments posted on Kalivar are not paid out.
Additionally and importantly, if you post a high quality opinion, there is a very high chance you will be not only compensated, but also retained as an expert witness for a formal review of the medical records. In that case, you will be paid according to your own fee schedule.
Nancy: How long does it generally take for a physician to receive compensation?
Mark: Rewards are disbursed as soon as the case in closed. Occasionally attorneys may decide to close the case earlier if they are satisfied with the answers they've received.