Testifying and Consulting Expert Witness for Physicians
Physicians and related healthcare entities do get into disputes. When they do, I am called upon to give expert testimony either in deposition or before judges and juries involving economic and accounting matters. The majority of court cases involve complex financial issues that can negatively impact healthcare entities, such as physicians and their practices. Assisting them with preparing for a trial may require hours upon hours of compiling and analyzing accounting, financial, statistical and economic information in a clear and concise manner that will make sense to both Judge and Jury. This can be a daunting and overwhelming exercise for physicians who are highly skilled in their profession, but unaware of the many nuances of the law, particularly with regard to the subtleties of the impactful financial issues that could befall them as a result of being unprepared.
I work with legal counsel on matters ranging from:
- Marital dissolution
- Damage assessment
- Calculation of lost profits
- Medical billing and collection disputes
- Overhead allocation disputes
- Business interruption
- Physician compensation disputes
- Medicare/Medicaid regulatory compliance
- Managed care reimbursement
- Physician-third party payer disputes
- Contract breaches
- General contract disputes
- Fraud investigation
- Minority interest buy-outs
- Medical practice & healthcare valuations
Typical physician litigation support services I provide:
- Defining litigation issues
- Fact finding and documentation (assisting with)
- Response to discovery
- Rendering a preliminary evaluation of the case
- Preparing expert reports
- Critiquing third-party appraisal reports
- Preparing interrogatories for parties to the litigation
- Advising legal counsel on matters of finance and valuation
- Assisting legal counsel in evaluating settlement proposals
- Assisting legal counsel during mediation
- Preparing questions for witness depositions
- Providing deposition and trial testimony
- Preparation of damage models
- Rebuttal of damage models
Courts have also appointed me as Special Master and Receiver in litigation matters.
Recent Examples of Physician Litigation Support
The following are recent examples of litigation cases I’ve been hired on as an expert witness:
- Engaged by hospital system to provide a rebuttal to physician group practice claims of lost profits and trade secret damages as a result of employing group’s former physicians.
- Engaged by a hospital system to provide a rebuttal to solo physician’s claim of lost profits and defamation damages as a result of the termination of hospital privileges.
- Calculated physicians’ buy-out amount and final compensation due after contracts were terminated with group medical practice and physicians litigated for non-payment.
- Assist Federal Trade Commission with “Failing Firm” antitrust analysis.
- Expert witness in competing facility matter.
- Rebuttal expert witness in case involving physician claim of lost profits due to alleged actions of hospital.
- Practice valuation and determination of the reasonableness of operating expenses paid.
- Economic damages expert in medical malpractice matter.
- Rebuttal expert witness in case involving emergency room physician’s breach of contract and wrongful termination of ER contact by hospital.
- Review of disputed compensation calculations alleged by former physician employee against orthopedic practice employer.
- Representation of hospital system in litigation matters involving alleged misappropriation of confidential and trade secret information made by separate physician medical practices.
- Expert witness in a matter involving hospital system non-competition facility analysis by physician medical practice.
- Review of disputed compensation calculations alleged by former physician employee against pediatric practice employer.
- Economic damages expert in physician breach of contract action against former hospital employer.
- Practice valuation to help determine value of marital estate in divorce action.
- Economic damages expert in physician matter involving physician investment in ambulatory surgery center.
- Rebuttal expert witness in cardiologist’s lawsuit against former hospital employer regarding disputed compensation paid.
- Economic damages expert in group family practice breach of contract claim against independent practice association.
- Causasian expert representing public accounting firm in accounting malpractice case whereby medical practice alleged negligence by accounting firm in conduct of financial statement audits.
- Prepared valuation of departed physician’s partnership interest in hospital-based medical group.
- Rebuttal witness for the Federal Trade Commission and hospital system involving antitrust action against hospital acquisition of large medical practice.
- Review disputed medical billing issues on behalf of medical billing company.
- Valuation of departed physician’s partnership interest in radiology medical practice.
- Economic damages expert in physician slip & fall matter.
- Rebuttal expert in tortious interference claim by medical group against hospital system.
- Rebuttal expert in invoicing dispute by physician against medical billing company.
- Buyout valuation in matter related to split up of a physician radiology group practice.