Medical Consulting/Expert Witness

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sylvanthus

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Anyone have advice about doing some consulting/expert witness work as a side gig? Would be happy to provide expert witness testimony now that everyone and their mom is a “doctor.” With the massive numbers of midlevels going independent I can see this becoming lucrative.

Not sure how to get started or what companies are reputable.

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Depending on if you have some decent academic or admin titles, you can try signing up with GLG, Guidepoint, or Alphasite. My colleagues and I use those services for expert calls frequently. Quality has been declining for all three services over the last few years and I feel like they let just about anyone sign up these days. Either way, whether academic or community, there are probably enough people that want to get your advice.

My friends say they make somewhere between $300-$1000 per hour depending on their background and what they negotiate with the services.
 
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There's a Facebook group called physician side gigs. I'm not involved with expert witness stuff but people periodically ask about it there and there should be people there who can provide some helpful information if you're interested.
 
As long as one doesn't testify against their own kind (unless it's totally egregious) then I might consider it.
 
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Some states require same specialty for expert testimony.

Expert testimony has gone down lately due to COVID restrictions. Expect their to be a huge demand when COVID restrictions are lifted.

I did it for a while. Felt like I sold my soul to the devil. Felt worse than when I was shacking up with a med mal attorney. Talk about sleeping with the devil!
 
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Anyone have advice about doing some consulting/expert witness work as a side gig? Would be happy to provide expert witness testimony now that everyone and their mom is a “doctor.” With the massive numbers of midlevels going independent I can see this becoming lucrative.

Not sure how to get started or what companies are reputable.
If you do this, use your expertise to defend falsely accused doctors. Don't help plaintiff's attorneys sue doctors for frivolous or weak charges, no matter how easy the money.

And most of all, don't be Peter Rosen:

"ACEP Issues Public Censure Against Dr. Peter Rosen for Violating Ethics Code, Expert Witness Guidelines"-ACEP NOW

"‘Gross Negligence’: A Slippery Slope for Dubious Expert Testimony" - EP Monthly
 
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Anyone have advice about doing some consulting/expert witness work as a side gig? Would be happy to provide expert witness testimony now that everyone and their mom is a “doctor.” With the massive numbers of midlevels going independent I can see this becoming lucrative.

Not sure how to get started or what companies are reputable.
PS: You don't need to go through a company for this, although you can. I've done a small amount of this (defense) work, simply to help attorneys that I've gotten to know, who trusted my opinion enough to give a call to initiate such jobs. It pays very well. I enjoy the chart review part and discussing the case with the attorney that's consulting me. I don't look forward to depositions or court.
 
PS: You don't need to go through a company for this, although you can. I've done a small amount of this (defense) work, simply to help attorneys that I've gotten to know, who trusted my opinion enough to give a call to initiate such jobs. It pays very well. I enjoy the chart review part and discussing the case with the attorney that's consulting me. I don't look forward to depositions or court.
I feel like I’ve heard of physicians doing just the case review portion for law firms without the actual testimony part. More like yes/no to the “do they have a case” part, helping attorneys decide if it’s worth taking a case or pursuing it further.

Seems slightly less evil, although I wonder if the pay is lower or if these are uncommon arrangements.
 
I feel like I’ve heard of physicians doing just the case review portion for law firms without the actual testimony part. More like yes/no to the “do they have a case” part, helping attorneys decide if it’s worth taking a case or pursuing it further.

Seems slightly less evil, although I wonder if the pay is lower or if these are uncommon arrangements.
Many cases are settled early on, even before you have to give a deposition. Even less go to trial. So it's the norm that the majority of what expert witness work involves is chart review > depositions > trial, and most will not see you going to trial. But if it went that far, I feel like the right thing is to see it all the way through. Although I suppose it's your right to quit anytime, even before trial, but it seems like that would be kind of dirty to do to the people you're helping defend.

My fee schedule escalates significantly, as you get further down that pathway. I basically charge what I would be collecting in the office, per hour. For a trial, which I have yet to be called to testify at, I charge what I'd lose by being out of the office for a full day. The goal is to be made whole, not to make a killing.

This isn't my favorite kind of work. In fact, I doubt I'm going to do it anymore, even if asked. Getting cross-examined when not at work isn't at the top of my to-do list. The last one of these that was brought to me I almost turned down, but I felt like the person/entity being sued was getting such a raw deal, I felt obligated to help.
 
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I feel like I’ve heard of physicians doing just the case review portion for law firms without the actual testimony part. More like yes/no to the “do they have a case” part, helping attorneys decide if it’s worth taking a case or pursuing it further.

Seems slightly less evil, although I wonder if the pay is lower or if these are uncommon arrangements.
Yeah not common. You’re either in or you’re out for the most part. Birdie is correct in that going to trial is rare. Most of mine the ED docs get dropped or they settle.
 
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If you do this, use your expertise to defend falsely accused doctors. Don't help plaintiff's attorneys sue doctors for frivolous or weak charges, no matter how easy the money.

And most of all, don't be Peter Rosen:

"ACEP Issues Public Censure Against Dr. Peter Rosen for Violating Ethics Code, Expert Witness Guidelines"-ACEP NOW

"‘Gross Negligence’: A Slippery Slope for Dubious Expert Testimony" - EP Monthly
Aye thatd be my plan, help with the defense of physicians if able. However, I would not mind going after midlevels who are playing doctor.
 
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If you consistently testify for only the defense or only testify against NPs the attorney will tear your apart in court. They’ll make it look like you have an agenda (attacking NPs for example) beyond the facts of the case.
 
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If you consistently testify for only the defense... the attorney will tear your apart in court. They’ll make it look like you have an agenda... beyond the facts of the case.
It all depends how you answer the questions. Compare this:


Attorney: "Dr. Birdstrike, have you done expert witness work for defense, plaintiff's or both."

Me: "So far, only defense work."

Attorney: "Wha- why is that?!"

Me: "I'm open to reviewing any case. I call any case like I see it. So far, defense attorney's are the only ones who've asked me to consult. But I'm opening to reviewing any case and will evaluate all with an open mind based on their merits."


With this:

"I'm biased and only defend doctors, because I think the medical malpractice system is biased against doctors."
 
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Why is everyone here fixated on med mal and expert witness as a side gig? There's much more out there where you can make more per hour and not deal with the stuff you all mention above.

Expert network work is arguably the highest return for the lowest investment.
 
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Why is everyone here fixated on med mal and expert witness as a side gig? There's much more out there where you can make more per hour and not deal with the stuff you all mention above.

Expert network work is arguably the highest return for the lowest investment.
Eh a lot of the UM/quality stuff has dried up as well. Or maybe I just suck at finding the gigs. Lol
 
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Networks like GLG, Alphasites, Guidepoint pay $300/hr+ and even over $1000/hr for some experts. The last few years I've seen a lot of community doctors listed as experts. As PE firms look to make investments in community practices, these doctors are in higher demand. It's a matter of responding quickly to emails and getting good reviews from customers.

I use all of these services very liberally. It's hit or miss depending on the expert, but some are very useful.
 
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Networks like GLG, Alphasites, Guidepoint pay $300/hr+ and even over $1000/hr for some experts. The last few years I've seen a lot of community doctors listed as experts. As PE firms look to make investments in community practices, these doctors are in higher demand. It's a matter of responding quickly to emails and getting good reviews from customers.

I use all of these services very liberally. It's hit or miss depending on the expert, but some are very useful.
Interesting. Thanks. Can I send you a private message? I tried but it says your profile won't accept them.
 
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I'm not sure if this is representative, but a quick google search about Expert Networks and physicians, brings up this:


"Doctors Who Advise Wall Street Investors Operate In Ethical Grey Zone"

"A Secret World of $500 Per Hour Consulting Calls"


I knew this one would come up! You can always find bad actors out there. This is just one of those.

There was much shadier stuff going on back in the day. These days it's must more streamlined and monitored. We never tell any expert on these calls our names or where we work. Sometimes they are blinded too so we don't know who they are.

It's not a secret world. This article is just glamorizing something that isn't glamorous. It's not secret or exclusive or any of those. Have a decent title and you can join the network.
 
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I knew this one would come up! You can always find bad actors out there. This is just one of those.

There was much shadier stuff going on back in the day. These days it's must more streamlined and monitored. We never tell any expert on these calls our names or where we work. Sometimes they are blinded too so we don't know who they are.

It's not a secret world. This article is just glamorizing something that isn't glamorous. It's not secret or exclusive or any of those. Have a decent title and you can join the network.
I'm sure there are ethical ways to do it, and unethical ways to do it, like anything else. I understand the benefits of blinding, but why wouldn't you tell the experts your names or where you work? It seems if I'm doing business with someone, in the form of selling my consulting expertise and opinions, I should be able to know who I'm doing it with.
 
I'm sure there are ethical ways to do it, and unethical ways to do it, like anything else. I understand the benefits of blinding, but why wouldn't you tell the experts your names or where you work? It seems if I'm doing business with someone, in the form of selling my consulting expertise and opinions, I should be able to know who I'm doing it with.

Because we're often working on a proprietary investment thesis and don't want people knowing what we're doing. During the course of diligence, we may speak to 20+ experts from these networks and don't want people getting a hint of who we are and what we're thinking. That's the premise of these expert networks is you can get advice totally off the grid.

For example, I may call up an expert who is an orthopod or pain doc and ask detailed questions on how exactly they decide which device to use, how reimbursement has trended, how they compare products, post-market results, etc. There's no need for them to know I'm from XYZ firm or working on XYZ thesis. If anything, that may affect their answers. I also don't know these people so I don't want them telling their buddy or the next person they talk to over the expert network that XYZ firm asked them about XYZ device. For all they know I could be an entrepreneur, executive, investor, etc.

Usually they don't seem to care. They spend 45 min telling me what's obvious to them and get paid a few hundred or a thousand bucks and never have to think about the call again.
 
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Because we're often working on a proprietary investment thesis and don't want people knowing what we're doing. During the course of diligence, we may speak to 20+ experts from these networks and don't want people getting a hint of who we are and what we're thinking. That's the premise of these expert networks is you can get advice totally off the grid.

For example, I may call up an expert who is an orthopod or pain doc and ask detailed questions on how exactly they decide which device to use, how reimbursement has trended, how they compare products, post-market results, etc. There's no need for them to know I'm from XYZ firm or working on XYZ thesis. If anything, that may affect their answers. I also don't know these people so I don't want them telling their buddy or the next person they talk to over the expert network that XYZ firm asked them about XYZ device. For all they know I could be an entrepreneur, executive, investor, etc.

Usually they don't seem to care. They spend 45 min telling me what's obvious to them and get paid a few hundred or a thousand bucks and never have to think about the call again.
Would someone who is board certified in Emergency Medicine and Pain Medicine and serves on the Board of Directors of his 45-provider, 150 employee physician group, be of value to people seeking expertise via one of these Expert Networks?
 
Would someone who is board certified in Emergency Medicine and Pain Medicine and serves on the Board of Directors of his 45-provider, 150 employee physician group, be of value to people seeking expertise via one of these Expert Networks?

I would imagine so. I've seen people with far fewer qualifications listed as experts. Definitely look into it. Good money with little risk or investment on your part.
 
If anyone wants a good look at how some of these expert networks have been used by rogue traders, I suggest reading Black Edge which touches on the case mentioned in the article above. Quick read. Well written.

In my experience, if someone wants to go rogue, they can always go rogue no matter what. Another reason total blinding is helpful in these cases.
 
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Because we're often working on a proprietary investment thesis and don't want people knowing what we're doing. During the course of diligence, we may speak to 20+ experts from these networks and don't want people getting a hint of who we are and what we're thinking. That's the premise of these expert networks is you can get advice totally off the grid.

For example, I may call up an expert who is an orthopod or pain doc and ask detailed questions on how exactly they decide which device to use, how reimbursement has trended, how they compare products, post-market results, etc. There's no need for them to know I'm from XYZ firm or working on XYZ thesis. If anything, that may affect their answers. I also don't know these people so I don't want them telling their buddy or the next person they talk to over the expert network that XYZ firm asked them about XYZ device. For all they know I could be an entrepreneur, executive, investor, etc.

Usually they don't seem to care. They spend 45 min telling me what's obvious to them and get paid a few hundred or a thousand bucks and never have to think about the call again.
Why would they even talk to you? Do you start with the money offer, and do you tell them you're a doctor? I mean, from the expert end, why would I tell some rando on the phone about proprietary, detailed information about my practice, especially for 45 minutes, when I could be doing something (ostensibly) more efficient with my time?
 
Ha! I think there is some confusion here. Neither myself nor the expert is a rando. The expert has signed up with an expert network such as GLG or Guidepoint. I am a customer of the expert network and I message them and say I need an expert in XYZ. They then send me a list of experts in their network on XYZ. I chose which ones I want to talk to and GLG/Guidepoint set up the call over their secure line. I pay GLG/Guidepoint for each call I do and they then pay the expert whatever their contract requires. I'm not involved in any money transaction and the expert knows how much they will get paid for the call.

I would imagine calling a total rando and just asking questions wouldn't work as well. I do sometimes call up friends if they are real experts and haven't been asked for compensation by any yet.

I would also add, I don't ask for or expect any proprietary information on anyone's company or practice. Only things that are non-proprietary or their opinions on things like devices, reimbursement, competition, etc. Stuff it would be near impossible to figure out without just talking to someone. But nothing non-public.
 
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If anyone wants a good look at how some of these expert networks have been used by rogue traders, I suggest reading Black Edge which touches on the case mentioned in the article above. Quick read. Well written.

In my experience, if someone wants to go rogue, they can always go rogue no matter what. Another reason total blinding is helpful in these cases.
I wonder if as an expert, we’d need special liability insurance to do this. Let’s say I give you advice, you act on it, your deal goes bust and you’re out a large sum of money. Do you sue and claim the expert is liable due what you now claim was “bad advice”?
 
Ha! I think there is some confusion here. Neither myself nor the expert is a rando. The expert has signed up with an expert network such as GLG or Guidepoint. I am a customer of the expert network and I message them and say I need an expert in XYZ. They then send me a list of experts in their network on XYZ. I chose which ones I want to talk to and GLG/Guidepoint set up the call over their secure line. I pay GLG/Guidepoint for each call I do and they then pay the expert whatever their contract requires. I'm not involved in any money transaction and the expert knows how much they will get paid for the call.

I would imagine calling a total rando and just asking questions wouldn't work as well. I do sometimes call up friends if they are real experts and haven't been asked for compensation by any yet.

I would also add, I don't ask for or expect any proprietary information on anyone's company or practice. Only things that are non-proprietary or their opinions on things like devices, reimbursement, competition, etc. Stuff it would be near impossible to figure out without just talking to someone. But nothing non-public.
Can't they tell just by talking to you, though, that you are a doctor?
 
I wonder if as an expert, we’d need special liability insurance to do this. Let’s say I give you advice, you act on it, your deal goes bust and you’re out a large sum of money. Do you sue and claim the expert is liable due what you now claim was “bad advice”?

I sign a waiver saying neither the expert nor the expert network company is on the hook for any of the advice. Definitely can't sue any of these guys nor would we. It's just a small part of the diligence process. I've come across terrible "experts" that gave faulty info. It's my responsibility to fact check and verify what they tell us.
 
Can't they tell just by talking to you, though, that you are a doctor?

Maybe the can. Sometimes my questions are probably asked like I know something about medicine. But I could just be someone that's been around medicine long enough though not a doctor. Being an MD isn't something that ever comes up though I probably wouldn't care if they knew.
 
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It all depends how you answer the questions. Compare this:


Attorney: "Dr. Birdstrike, have you done expert witness work for defense, plaintiff's or both."

Me: "So far, only defense work."

Attorney: "Wha- why is that?!"

Me: "I'm open to reviewing any case. I call any case like I see it. So far, defense attorney's are the only ones who've asked me to consult. But I'm opening to reviewing any case and will evaluate all with an open mind based on their merits."


With this:

"I'm biased and only defend doctors, because I think the medical malpractice system is biased against doctors."
Those are good answers. But lawyers are a lot better at arguing than you, probably won’t leave it with those questions and will still twist it in closing arguments making you sound like you have an agenda and shouldn’t be trusted. Which is neither here nor there if you’ve been paid, but can negatively affect being hired for subsequent cases.
 
Those are good answers. But lawyers are a lot better at arguing than you, probably won’t leave it with those questions and will still twist it in closing arguments making you sound like you have an agenda and shouldn’t be trusted. Which is neither here nor there if you’ve been paid, but can negatively affect being hired for subsequent cases.
It doesn’t matter what the plaintiffs attorney thinks. It matters what the jury thinks. Your job it to persuade them, no one else. As far as being negatively affected for further cases, I personally, couldn’t care less if I ever get called again. I only do this work for specific attorneys as a favor. I don't need the money. I don't need the ego trip, of thinking I'm standing in judgement of my fellow physicians. If none asks ever again, that’s fine by me. That means more time to enjoy life.

But what are you worried about? You’re going to testify against other doctors, just so you can please plaintiffs attorneys, so you can get more medmal consulting testifying against doctor?

If asked the question, just tell them the truth, “If I see gross negligence by a doctor I’ll take a case for a plaintiff.”

See? Easy.

What you choose to perceive as negligence is another matter. Consult all you want for plaintiffs. And give them your opinion. Tell them their crap cases are crap cases. You might actually save a doc the misery of having to defend him/herself for years in a case where they did nothing wrong. On the other hand, if someone is negligent by coming to work drunk, or killing/maiming patients like Dr. Death/Dr. Duntsch, then call it like it is.

But you don’t have to be a tool for plaintiffs, take their frivolous cases for cash and tell them what they want to hear just so you can please them enough get more frivolous cases against doctors. And there is no shortage of these doctors among us that sell their souls for quick cash as “experts” for plaintiffs in frivolous cases against doctors. Don't be one more.
 
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I sign a waiver saying neither the expert nor the expert network company is on the hook for any of the advice. Definitely can't sue any of these guys nor would we. It's just a small part of the diligence process. I've come across terrible "experts" that gave faulty info. It's my responsibility to fact check and verify what they tell us.
Makes sense.
 
There is also SEAK, a directory that makes you pay $500 a year with a guarantee that you will get referrals for either malpractice or insurance claims reviews. I signed up once, finally got my first referral at 51 weeks into my subscription, and decided to delete my account as it is publicly available to anyone with a web browser and a knowledge of Google.
 
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