- In the past, healthcare data has been leveraged to create strategies at a macro level, but health plans are trying to use this individual data to create more valuable experiences for their members.
- ACA necessitated health plans engage with members in new ways, but this presents challenges to those relying on their foundational data infrastructure to communicate & serve members individually.
- Expert testimony regarding damages is often challenged on the basis that the expert has failed to properly consider causation. In some cases, the Courts have ruled that the expert is allowed to assume causation and does not have to do further work to evaluate the causal linkage. In others, the Courts have ruled that expert opinions should be excluded for failing to consider causation.
- In many commercial damage cases, there is a need to create the “but for” world – essentially a model that analyzes the financial implications of what would have happened “but for” an alleged bad act. In situations where the expert analyzes the “but for” world, they will invariably need to assess and apply assumptions.
- The current healthcare marketplace is demanding a shift towards a member engagement strategy, allowing members to engage directly with their plan and play a more active role in their healthcare.