Expert witnesses play a pivotal role in healthcare litigation, with specialized knowledge that helps courts and juries understand complex issues and make decisions. These professionals may come from a wide range of disciplines—valuation and damages experts, billing and coding specialists, regulatory authorities, and even AI experts—depending on the case’s unique needs. Their insights are especially valuable in matters involving, but not limited to, marital dissolutions, partner disputes, compliance issues, governmental investigations, or economic damages.
Finding the right expert requires more than credentials: It takes subject-matter expertise and an understanding of the statutory regulations, which may be dependent on the venue (state or federal court). Experts play key roles in healthcare cases including whistleblower matters, False Claims Act matters, coding and compliance issues, and partnership disputes. Each unique case requires a nuanced understanding of both methodology and context and the right kind of expert. While consulting experts support strategy and analysis behind the scenes, testifying experts also prepare reports that meet admissibility standards and they may face Daubert challenges.
These professionals have an ethical obligation to provide independent, well-supported opinions that stay within their scope of expertise.
Developing a strong understanding of their role and scope, reviewing relevant data and records, and preparing clear and defensible analyses and reports that are compliant with statutory and professional standards are all paramount to a successful expert witness engagement. Just as important is an expert’s obligation to work closely with attorneys to ensure clarity in the report or deliverable, prepare for deposition or trial environments, and refine their communication style. Whether in person or virtual, testifying with credibility, clarity, and composure is critical. Exhibits, presentation strategy, and even body language can influence how testimony is received by judges, juries, or arbitrators.
The relationship between an attorney and an expert must be collaborative. Effective legal teams set the stage early by clearly outlining the expert’s role, sharing relevant materials, and maintaining consistent communication throughout the case. When attorneys and experts work in sync—aligning strategy and clearly addressing the matter at hand through demonstratives and any deliverables—the result is stronger, more persuasive testimony that can make a decisive impact.
