Attorneys in various specialties are always keeping an eye out for outgoing, charismatic, smart physicians willing to provide expert testimony. Common cases in need of expert testimony include medical malpractice, personal injury, wrongful death and auto accidents. Testifying as an expert witness requires qualifications that vary from state to state. Whether you have never testified as an expert witness, or testify routinely, this article will outline some considerations to keep in mind when providing (or deciding whether to provide) expert testimony. What it Means to Serve as an Expert You may be approached to provide expert testimony as a treating physician, or in your capacity generally as an anesthesiologist or pain management specialist in a case with which you were not involved. Sometimes, the testimony of an anesthesiologist or pain management specialist will be requested simply to explain the treatment rendered to a patient. For example, if a patient was...

The latest court decision in the eight-year whistleblower litigation against Tuomey Healthcare System in Sumter, South Carolina, giving rise to perhaps the largest amount of damages—$276,767,260—ever awarded against a community hospital, provides an opportunity to review some Stark law.  The September 30 order and opinion from the federal district court also demonstrates some compliance strategies to be avoided, notably shopping around for the most obliging legal advice. Tuomey was faced, in 2003, with a new, competing ambulatory surgical center (ASC).  Fearing that it would lose cases to the ASC, the hospital entered into employment contracts with 19 surgeons and gastroenterologists.  The contracts contained the following terms: Part-time employment covering only outpatient procedures, which the physician was required to perform at Tuomey facilities; Initial salary based on the previous year’s collections; Productivity bonus of 80% of collections; Incentive bonus of up to 7% of productivity bonus; All malpractice premiums (not just for...