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Litigation Support Services The litigious business environment is
a growing reality for hospital and group practice administrators
and their attorneys. As litigation has become more complex,
industry-specific strategic, financial, and operational expertise
is frequently necessary to provide the support necessary to
develop a legal case. Since 1973, ECG Management Consultants,
Inc., has worked closely with hospital and group practice
administrators on their complex business issues and has developed
the intimate understanding of the provider business environment
that can offer a significant advantage in the litigation process.
ECG has ample experience working with legal counsel and administrators
on a variety of these business litigation challenges. Whether
providing expert witness testimony or aiding in a negotiation
settlement, ECG can support your case with deep industry-specific
expertise. Our consultants are skilled in the fields of finance,
accounting, operations, and strategy, and they provide the
business acumen and familiarity with the litigation process
that is necessary to produce outstanding results.
Services that have benefited our clients include:
- Financial modeling to determine damages from business
interruption and lost profits.
- Valuation and analysis of various business arrangements.
- Production of comprehensive financial forecasts.
- Expert witness and testimony services.
- Assistance in mediation, arbitration, settlement negotiations,
and trial.
- Investigative research and planning.
Examples of our recent project experience in this area are
described below. |
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Selected Projects
- Modeling
damages to assess the financial impact of the
dissolution of a joint venture between two hospitals.
ECG
worked closely with hospital administration
and legal counsel to develop an exit arrangement
for a hospital wishing to sell its interest
in a joint venture. To determine an appropriate
damages payment to the partner hospital, ECG
developed an estimate of the joint venture’s
projected value and aided in negotiations to
finalize a settlement. Through discussions with
the opposing legal counsel and valuation experts,
ECG exposed the opposing team’s valuation
errors, justified the appropriate level of damages,
and ultimately helped finalize a settlement
based on ECG’s recommended damages payment
that resulted in over $6.1 million in cost savings
for the hospital.
- Providing
technical support and expert witness services
for an arbitration proceeding between a health
system and management company.
ECG
aided legal counsel in arbitration proceedings
for a payor contract dispute between a health
system and a cancer services management company.
The project necessitated both technical support
and expert witness testimony to resolve a dispute
over the terms of a management services agreement
between the two parties.
- Preparing
a written expert report and testifying for an
arbitration proceeding between a hospital and
a contracted physician group.
ECG
prepared an expert opinion for a group of physicians
wishing to contest the fair market value (FMV)
of its charity care obligation under a hospital
contract agreement. The project entailed a review
of relevant documents, the preparation of a
written expert report, testimony during the
arbitration process, and general negotiation
support. Charity care obligations were determined
to be in excess of FMV, and the physicians did
not have to pay any additional obligations.
- Supporting
legal counsel for arbitration proceedings between
a multispecialty physician group practice and
a national insurer.
ECG
performed a managed care audit of the insurer’s
contract compliance to calculate the amounts
owed to the providers due to the insurer’s noncompliance.
Serving as technical adviser to the physician
group’s legal counsel, ECG provided factual
testimony for the calculation and justification
of damages. Results of the payment audit revealed
$8 million in contract underpayments, and the
parties settled at approximately $5 million.
- Providing
analytical and negotiation support to a health
system for the resolution of a dispute between
a hospital and one of its major payors.
ECG
supported legal counsel in a payor dispute by
performing a detailed analysis of payment variances
and drafting an expert witness report. ECG continued
to provide technical guidance to legal counsel
and assisted with settlement negotiations, resulting
in a multimillion-dollar payback from the health
plan.
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