In the intricate landscape of healthcare litigation, Medical Services Professionals (MSPs) play a pivotal role as expert witnesses. Their specialized knowledge in healthcare management, credentialing, provider enrollment, state licensure applications and regulatory compliance can be instrumental in navigating complex legal disputes. For attorneys looking to leverage this expertise effectively, understanding how to work with MSPs as expert witnesses is crucial. Here are some insights and tips for attorneys to consider:
Understanding the Role of MSPs: MSPs are highly trained professionals who manage credentialing, privileging, provider enrollment, state licensure, medical staff organization, compliance, and various aspects of medical facility operations. Their expert testimony can often make a substantial difference in healthcare-related legal cases by providing insights into standard practices, compliance with regulations, and the administrative intricacies of healthcare institutions.
Selecting the Right MSP Expert Witness: When choosing an MSP expert witness, look for someone with a robust background in the specific area relevant to your case. Credentials to look for include certifications such as Executive MSP (EMSP), Executive Provider Enrollment Professional (EPEP), Certified Physician Licensing Specialist (CPLS), Certified Provider Credentialing Specialist (CPCS®), or Certified Professional Medical Services Management (CPMSM®). Equally important is their practical experience in the field, which should be comprehensive and up-to-date with current healthcare standards and regulations.
Preparing for Collaboration: Effective collaboration with an MSP expert begins with thorough preparation. Provide them with all the necessary background information and access to documentation that they need to understand the case fully. Early involvement is crucial; it allows the MSP expert sufficient time to review all materials and formulate a well-substantiated opinion.
Utilizing Their Expertise in Case Strategy: MSP experts can contribute more than just testimony. They can assist in developing the case strategy by identifying strengths and weaknesses from an administrative perspective. This might include advising on the nuances of hospital policies, the implications of regulatory non-compliance, or the standards of practice that govern medical staff actions. Their insights can guide the framing of arguments or the direction of cross-examinations.
Preparing for Deposition and Testimony: Preparation is key to maximizing the effectiveness of an MSP expert witness in deposition and trial. This includes familiarizing them with the case’s finer details and coaching them on how to present their findings clearly and convincingly. While MSPs are knowledgeable, they might not be accustomed to the legal environment. Practice sessions that simulate courtroom questioning can be beneficial.
Understanding the Scope of Their Testimony: It’s important for attorneys to clearly understand and delineate the scope of the MSP’s testimony. Make sure that their insights are directly relevant to the issues at hand and that they are not venturing into areas outside their expertise. This precision will enhance the credibility of their testimony and protect against potential challenges from opposing counsel.
Evaluating Their Impact: After the conclusion of a case, evaluate the impact of the MSP expert’s contributions. Understanding what worked well and what could be improved will help in refining your approach to using expert witnesses in future cases. Feedback to the MSP can also help them improve their future legal engagements.
In summary, MSPs as expert witnesses bring a wealth of specialized knowledge that, when properly harnessed, can significantly influence the outcomes of healthcare-related legal cases. For attorneys, building a strong, collaborative relationship with these experts, rooted in mutual understanding and meticulous preparation, is key to effectively leveraging their skills in the legal arena.
Interested in enhancing your legal strategies with expert insights from seasoned MSPs? TMG offers specialized expert witness and legal review services that provide authoritative support in complex healthcare litigation. Contact maggie (at) teammedglobal (dot) com and discover how our MSP expertise can empower your legal team.