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A Closer Look at Prevail's Workflow in Medical Malpractice Litigation

Case Study

Challenge

Between November 2023 and November 2025, seven depositions ran on the Prevail platform across six medical malpractice matters in Indiana, Pennsylvania, and South Carolina. Details come from a Prevail client and match the session and certified transcripts.

Counsel worked from implant photographs, operative notes, FDA labeling, nursing policies, and a 472-page records production. Exhibits had to reach a remote witness and be marked without stopping the examination. One matter resumed 11 months later with a different Session Manager. Another deposition was held in person, with seven participants in one room.

Approach

A Prevail Session Manager staffed every session. The role pairs a court reporter's procedural duties with technical support. Prevail's AI-assisted transcription produced real-time captions. The Session Manager ran the proceeding itself, opening and closing the record, coordinating the notary, stamping exhibits, and confirming transcript orders.

Counsel added documents to the Prevail Briefcase before or during each session, and files stayed private until shared. Each remote session opened by noting on the record that the captions are a working draft. When counsel ordered a certified transcript, a Certified Court Reporter produced it under the Session Manager's direction. In the in-person session, each participant had a dedicated audio input.

Impact

  • Roughly four hours into one session, the Session Manager noticed counsel working from an unmarked medical chart and asked whether he wanted it marked
  • One certified transcript includes a Certificate of Oath, a Certificate of Reporter, a read-and-sign declaration page, and a formal exhibit index
  • Exhibit numbering carried over between two sessions held 11 months apart
  • In the in-person session, speech was attributed to named individuals. When a speaker couldn't be identified, the platform recorded that fact

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