Working with Expert Witnesses: Strategies for Attorneys and Experts in Healthcare Cases

Ingrid Aguirre
Ingrid Aguirre | VMG Health

Ingrid Aguirre is a director in the Business Valuation Services division with VMG Health and is based in the Dallas office. She specializes in providing valuation, transaction advisory, and litigation consulting services to businesses within the healthcare industry.

Live Video-Broadcast: May 21, 2025

1.5 hour CLE

Tuition: $195.00
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Program Summary

This CLE is a comprehensive program designed to enhance the effectiveness of attorney-expert collaboration in complex healthcare litigation and arbitration. This session explores the expert’s role from initial engagement through testimony, offering practical guidance on identifying the right expert, defining scope and objectives, managing ethical responsibilities, and complying with applicable legal standards such as Federal Rule 702 and Daubert. Attendees will gain insights into preparing clear, defensible reports, addressing valuation and damages methodologies, and understanding the unique challenges posed by healthcare-specific issues such as billing, regulatory compliance, and emerging technologies like AI. The program also covers best practices for communication, testimony preparation, and strategic alignment between legal teams and experts. Real-world case studies and scenarios will illustrate common pitfalls and demonstrate how a well-prepared expert can significantly influence outcomes in both litigation and arbitration settings.

Key topics to be discussed

  • The role of the expert witness
  • Preparing as an expert
  • Preparing for testimony
  • Best practices for attorney-expert collaboration
  • Case studies

Date / Time: May 21, 2025

  • 1:00 pm – 2:40 pm Eastern
  • 12:00 pm – 1:40 pm Central
  • 11:00 am – 12:40 pm Mountain
  • 10:00 am – 11:40 am Pacific

Closed-captioning available

Speakers

Ingrid Aguirre | VMG Health

Ingrid Aguirre is a director in the Business Valuation Services division with VMG Health and is based in the Dallas office. She specializes in providing valuation, transaction advisory, and litigation consulting services to businesses within the healthcare industry.

Ms. Aguirre’s experience includes providing valuation and advisory services related to transactions, joint ventures, financial reporting requirements, and expert witness and rebuttal analyses across a range of complex civil and criminal matters. Her clients include hospitals, hospital systems, ambulatory surgery centers, imaging centers, laboratories, physician groups, law firms, and various governmental agencies.

Ms. Aguirre received a Bachelor of Business Administration in Finance from Baylor University. She holds the Chartered Financial Analyst (CFA) designation through the CFA Institute.

Agenda

I. The role of the expert witness | 1:00pm – 1:20pm

  • Definition and purpose of an expert witness
  • Different types of experts: Valuation versus damages, billing/coding experts, regulatory experts, AI
  • How to find experts
  • Types of cases in healthcare where experts are commonly used
  • Valuation versus damages and how the methodology is different versus considerations for workers comp cases
  • Differences between consulting and testifying experts
  • Ethical responsibilities and compliance (e.g., Fed Rule 702, Daubert standards)

II. Preparing as an expert | 1:20pm – 1:40pm

  • Understanding the case and the expert’s scope
  • Understanding purpose
  • Reviewing records, data, and opposing opinions
  • Preparing reports: Clarity, support, and admissibility
  • Ensuring reports match requirements
  • Rules for draft reports
  • Understanding statutory requirements (FMV versus FV)
  • Pitfalls to avoid (e.g., overstepping expertise, unsupported conclusions)
  • Time management and documentation of hours
  • Understanding standards that appraisers must abide by (Discussion of USPAP)
  • Use of AI tools

III. Preparing for testimony | 1:40pm – 2:00pm

  • Deposition prep: Setting expectations and clarifying boundaries
  • Techniques for clear, persuasive communication
  • Venue (federal or state court)
  • State requirements
  • Handling cross-examination and traps
  • Virtual vs. in-person testimony considerations
  • Demonstrative exhibits, reviewing depositions
  • Understanding key issues
  • Presentation strategies for arbitrations, bench, and jury trials
  • Body language and demeanor under pressure

Break | 2:00pm – 2:10pm

IV. Best practices for attorney-expert collaboration | 2:10pm – 2:30pm

  •  How attorneys can help experts be more effective
  • Initial meetings: What to provide, what to ask
  • Ongoing communication: Cadence and clarity
  • Mock cross-examinations and narrative development
  • Aligning legal strategy with expert support

V. Case studies | 2:30pm – 2:40pm

  • Examples or templates of how experts should document time, assumptions, and methodologies
  • Different types of healthcare cases and how to go about them as an expert (physician compensation issues, management arrangement, non-compete issues, etc)
  • Discussion of evolving standards
  • Scenarios and hypothetical situations that may arise
  • Case Studies / examples

Credits

Alaska

Approved for CLE Credits
1.5 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
1.5 General

Arkansas

Approved for CLE Credits
1.5 General

Arizona

Approved for CLE Credits
1.5 General

California

Approved for CLE Credits
1.5 General

Colorado

Pending CLE Approval
1.5 General

Connecticut

Approved for CLE Credits
1.5 General

District of Columbia

No MCLE Required
1.5 CLE Hour(s)

Delaware

Pending CLE Approval
1.5 General

Florida

Approved via Attorney Submission
2 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
1.5 General

Hawaii

Approved for CLE Credits
1.8 General

Iowa

Pending CLE Approval
1.5 General

Idaho

Pending CLE Approval
1.5 General

Illinois

Pending CLE Approval
1.5 General

Indiana

Pending CLE Approval
1.5 General

Kansas

Pending CLE Approval
1.5 Substantive

Kentucky

Pending CLE Approval
1.5 General

Louisiana

Pending CLE Approval
1.5 General

Massachusetts

No MCLE Required
1.5 CLE Hour(s)

Maryland

No MCLE Required
1.5 CLE Hour(s)

Maine

Pending CLE Approval
1.5 General

Michigan

No MCLE Required
1.5 CLE Hour(s)

Minnesota

Pending CLE Approval
1.5 General

Missouri

Approved for CLE Credits
1.8 General

Mississippi

Pending CLE Approval
1.5 General

Montana

Pending CLE Approval
1.5 General

North Carolina

Pending CLE Approval
1.5 General

North Dakota

Approved for CLE Credits
1.5 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1.5 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
90 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.8 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
1.5 General

Nevada

Pending CLE Approval
1.5 General

New York

Approved for CLE Credits
1.8 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
1.5 General

Oklahoma

Pending CLE Approval
2 General

Oregon

Pending CLE Approval
1.5 General

Pennsylvania

Approved for CLE Credits
1.5 General

Rhode Island

Pending CLE Approval
2 General

South Carolina

Pending CLE Approval
1.5 General

South Dakota

No MCLE Required
1.5 CLE Hour(s)

Tennessee

Pending CLE Approval
1.5 General

Texas

Approved for CLE Credits
1.5 General

Utah

Pending CLE Approval
1.5 General

Virginia

Not Eligible
1.5 General Hours

Vermont

Approved for CLE Credits
1.5 General

Washington

Approved via Attorney Submission
1.5 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
1.5 General

West Virginia

Pending CLE Approval
1.8 General

Wyoming

Pending CLE Approval
1.5 General

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