Episode 13 of The Expert Witness Playbook features Dr. Brian Woodruff in conversation with Dr. Amy Fogelman, founder of High Rock Experts and High Rock Academy. This first installment of a two-part discussion focuses on the business pitfalls physicians face when working as expert witnesses.
Dr. Fogelman draws on her experience connecting attorneys with medical experts to highlight common mistakes that can quietly undermine a physician’s success in the field. A central theme is responsiveness—experts who fail to reply promptly to attorney inquiries often lose opportunities, regardless of their credentials. The discussion also emphasizes the importance of relationship-building, even when declining a case, as well as maintaining visibility through consistent, value-driven communication.
The episode explores several operational risks, including failing to track cases systematically, which can lead to last-minute trial surprises, and neglecting proper conflict checks, especially as an expert’s practice grows. Another critical issue is the “discovery trap,” where careless email communication can expose opinions to opposing counsel, potentially damaging a case.
Billing and financial management are also addressed in depth. Dr. Fogelman and Dr. Woodruff stress the importance of clear expectations, retainers, and proactive communication—particularly when dealing with large volumes of medical records—to avoid disputes and preserve professional credibility.
The episode ultimately frames expert witness work not just as clinical analysis, but as a disciplined consulting practice, where communication, organization, and business acumen are as essential as medical expertise.
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