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

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.

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