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By Adam Taranto
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Blog A hearing for the Kentucky medical malpractice case in which an infant died as a result of a negligent doctor is scheduled for March 2014. In 2010, a Kentucky couple lost their infant child when a doctor improperly placed a respiratory tube in a follow-up procedure causing the baby to suffocate to death. The parents … Continued
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By Adam Taranto
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Blog A recent study conducted by the Journal of the American Medical Association (JAMA) followed patterns of primary care medical malpractice cases in Massachusetts. Results showed 72 percent of malpractice cases against primary care physicians (PCPs) manifested as a result of misdiagnoses claims. Such claims were majorly in response to PCPs being remiss in referring a … Continued
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By Adam Taranto
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Blog Texas is a magnet for new doctors as a result of the legal climate created by Proposition 12, which limits the amount of non-economic damages that can be collected in a medical malpractice suit. This is a significant improvement compared to a decade ago when doctors were scarce and the number of medical malpractice lawsuits … Continued
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By Adam Taranto
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Blog New Jersey law now requires expert witnesses to have the same credentials as the medical professional being accused of medical malpractice. What does this mean for medical malpractice litigation? The cost of retaining expert witnesses with specific experience and expertise are predicted to increase. According to a blog by the Law Offices of Robert Olkowitz, … Continued
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By Adam Taranto
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Blog The number of nurses, as well as complaints regarding nurses, is on the rise in Kansas. To deal with the upswing of cases, the Kansas Board of Nursing approved the hiring of two additional investigators. According to a recent article, the board’s director said the majority of complaints were in regards to the “abuse of … Continued
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By Adam Taranto
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Blog Incorrectly performed surgeries, often a result of a lack of checks and balances in hospitals, are not particularly common, but cause long-lasting and devastating damages to patients and their families. Such damages cannot always be covered in full due to tort reform, which caps the amount of financial rewards a patient may receive in a … Continued
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By Adam Taranto
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Blog A bill, recently passed by the Florida Senate and House, is on the way to Governor Rick Scott for approval. The proposed legislation, containing two major provisions, could make Florida among the most difficult states in which to file a medical malpractice lawsuit. The first provision will restrict the type of expert witnesses that may … Continued
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By Adam Taranto
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Blog By, Katie Leander Many people would think that being discharged from the hospital after a stay in the ICU would be considered a victory and that life was on its way to returning to normal. But, new research, as reported in The New York Times recently, shows otherwise. The article titled, “Nightmares After the ICU,” … Continued
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By Adam Taranto
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Blog The goals of future hospitals are to release patients and keep them from returning. According to an article from US News & World Report by Susan Brink, approximately twelve percent of Medicare patients are readmitted to hospitals for reasons that could have been avoided had they never been discharged in the first place. This remarkable … Continued
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By Adam Taranto
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Blog Should you trust your doctor? According to an article from CNN Health, healthcare professionals may not be as trustworthy as one may hope and believe. The solution to this problem? Do some research. From administering chemo therapy to terminally ill cancer patients to influencing individuals to undergo unnecessary surgeries, a number of doctors have been … Continued
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MEDNICK ASSOCIATES – MEDICAL EXPERT RETENTION AGREEMENT
WHEREAS, Mednick Associates is in the business of, inter alia, introducing its clients to Medical Experts and/or consultants [“Expert(s)”] for anticipated or pending litigation, and WHEREAS Mednick Associates is not a hospital or any other type of health-care provider, and WHEREAS Mednick Associates does not provide its own medical advice of any kind, and WHEREAS Mednick Associates does not warrant or guarantee the opinions set forth by the Medical Experts which it refers to its clients, and WHEREAS the [“Client”], who’s full name is entered below, acknowledges these facts and wishes to engage with Mednick Associates to refer to it a Medical Expert that is relevant to the legal case at hand. WHEREAS Mednick Associates and the Client, hereby enter into this Agreement [“the Agreement”].
Retaining Medical Experts
Exclusivity
Fees
Severability
Legal Venue and Legal Fees
WHEREAS, Mednick Associates is in the business of, inter alia, providing consultation services regarding anticipated or pending litigation as well as searching for and potentially introducing its clients to corporate experts and/or consultants (“Expert”) for anticipated or pending litigation. WHEREAS ______________________ (“Client”) has asked Mednick Associates to provide consultation services and, if requested, search for and potentially introduce it to an Expert.
Mednick Associates and Client, hereby enter into this Agreement (“the Agreement”) as of [______] _[__], 2025 (the “Effective Date”).
Fees
Volume Retainer Plan options
Level I $10,000 4 contingent expert search engagements
Level II $25,000 12 contingent expert search engagements
Level III $50,000 30 contingent expert search engagements
Communication with Expert
Mednick Associates agrees to coordinate the referral of an Expert and may assist in arranging an initial case consultation conference call. Client understands that the Expert is an independent referral, and that Mednick Associates does not schedule or manage any subsequent services, including ongoing communications, appearances, or case activities.
Expert’s Background
While Mednick Associates conducts a diligent screening of its experts, Mednick Associates does not warrant or guarantee the qualifications of our Experts. Mednick Associates cannot be held liable for any omissions, inaccuracies, or fraud in the Expert’s CV.
No Guarantee of Outcome or Opinion
Hold Harmless
Connecticut Law, Jurisdiction and Venue.
Attorney’s Fees
General
[Signature Page Follows]
IN WITNESS WHEREOF, the Parties hereto have executed this Engagement Letter as of the Effective Date.
Mednick Associates
By: __________________________________________________________________________
[Name] [Title] [Client]
By: __________________________________________________________________________
[Name] [Title]
EXPERT TERMS OF SERVICE AGREEMENT
Thank you joining our expert witness network. These terms and conditions are designed to protect you as the expert and Mednick Associates. Our main requirements are that you bill through our firm for your time, work through us in the future if the client contacts you for more case work as we brokered the original relationship and that you complete the work in a timely manner or communicate effectively if the case will take longer than originally thought to review. We look forward to working with you and providing additional case work as warranted.
This Agreement is entered into between the prospective expert (known hereinafter as “you or “your”) and Mednick Associates (known hereinafter as “us” or “our”) as of today’s date.
You desire to render your services to us as an expert in your chosen field to us and agree to the following terms:
This Engagement letter is entered into between the prospective expert (known hereinafter as “you or “your”) and Mednick Associates (known hereinafter as “us” or “our”) as of [________] [__], 2025 (the “Effective Date”).
You desire to render your services as an expert in your chosen field and agree to the following terms:
1. Expert Services
Once you have accepted to work directly with the attorney on a case, you agree to handle all further communication and coordination related to that matter independently. This includes any additional document review, telephone conferences, written reports, deposition testimony, and trial testimony, should you determine the case has merit and you are able to support it. Mednick Associates’ involvement is limited solely to the initial referral, and we will not coordinate, manage, or collect any referral fee for services rendered beyond the initial assignment or any subsequent assignment given to you by the same attorney or law firm as our initial assignment.
That referral must be communicated to Mednick Associates and you agree to notify Mednick Associates regarding the same, so we can invoice and collect the aforementioned referral fee. This ensures proper tracking of referrals and maintains the integrity of our referral process.
If you identify a conflict of interest with any party or institution involved in the case, you must notify both the attorney and our office immediately and withdraw from the case. In such instances, no fee will be owed to you.2. Billing
Mednick Associates operates strictly on a referral fee basis. You will bill the client directly for your services and the client will pay you directly. Mednick Associates does not authorize, manage, guarantee or process payments for any expert services rendered.
Our involvement is limited to the initial referral. Once the referral is made and you have agreed to work directly with the attorney, all billing, scheduling, and further case activity is handled between you and the client. Mednick Associates does not collect any referral fee beyond the initial assignment and any subsequent fee with the same attorney or law firm as described in Section 1 hereto.
If you are ever uncertain whether an attorney or firm originated from a Mednick Associates referral, please contact us for confirmation.3. Independent Contractor Status
You will not be an employee of ours. You will be an independent contractor. Nothing in this Engagement Letter creates a partnership, joint venture, employment or agency relationship between the parties. This is a non-exclusive arrangement.
4. Expert Credential’s
You warrant and represent that all professional credentials, certifications, and licenses relevant to your area of expertise are current and valid. You further represent that you have never had a license or certification revoked or suspended, and that you have not been subject to any formal disciplinary action by any professional, regulatory, or certifying body. You agree to promptly disclose to Mednick Associates any issue—past or present—that could affect your credibility or standing as an expert.
5. Hold Harmless
You agree to hold Mednick Associates harmless from any and all claims, demands, liabilities, costs, expenses, damages, and causes of action arising out of or relating to your actions or omissions in connection with this engagement letter. You further agree and understand that all materials, documents, and information provided to you in connection with any referral are confidential and must be treated as such. You agree to maintain the confidentiality of all case-related information in accordance with applicable laws and professional standards.
6. Connecticut Law, Jurisdiction and Venue.
The laws of the state of Connecticut shall govern the agreement. Any action arising out of this agreement shall only be commenced and maintained in the County of Fairfield, State of Connecticut.
7. Attorney’s Fees
In the event of a dispute arising from this service arrangement, the prevailing party shall be entitled to recover all reasonable costs, including attorney’s fees, from the other party.
8. General
No waiver of any breach of this Engagement Letter, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach of this Engagement Letter. You may not assign this Engagement Letter to any third party without the prior written consent of Mednick Associates. Any purported assignment in violation of this section shall be void. This Engagement Letter shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. There are no third party beneficiaries to this Engagement Letter.
[Signature Page Follows]
IN WITNESS WHEREOF, the Parties hereto have executed this Engagement Letter as of the Effective Date.
Mednick Associates
By: ____________________________________________________________________________
[Name] [Title] [Expert]
By: ____________________________________________________________________________
[Name] [Title]
Consultation and Expert Retention Agreement
WHEREAS, Mednick Associates is in the business of, inter alia, providing consultation services regarding anticipated or pending litigation as well as searching for and potentially introducing its clients to medical experts and/or consultants (“Expert”) for anticipated or pending litigation, and WHEREAS Mednick Associates is not a hospital or any other type of health-care provider, and WHEREAS Mednick Associates does not provide its own medical advice of any kind, and WHEREAS Mednick Associates does not warrant or guarantee the opinions set forth by the medical experts to which it refers its clients, and WHEREAS Client acknowledges these facts about Mednick Associates and has asked Mednick Associates to provide consultation services and, if requested, search for and potentially introduce it to an Expert, Mednick Associates and Client, ______________________ (“Client”), hereby enter into this Agreement (“the Agreement”).
WHEREAS, Mednick Associates is in the business of, inter alia, providing consultation services regarding anticipated or pending litigation as well as searching for and potentially introducing its clients to corporate experts and/or consultants (“Expert”) for anticipated or pending litigation. WHEREAS ______________________ (“Client”) has asked Mednick Associates to provide consultation services and, if requested, search for and potentially introduce it to an Expert.
Mednick Associates and Client, hereby enter into this Agreement (“the Agreement”) as of [______] _[__], 2025 (the “Effective Date”).
Fees
Volume Retainer Plan options
Communication with Expert
Mednick Associates agrees to coordinate the referral of an Expert and may assist in arranging an initial case consultation conference call. Client understands that the Expert is an independent referral, and that Mednick Associates does not schedule or manage any subsequent services, including ongoing communications, appearances, or case activities.
Expert’s Background
While Mednick Associates conducts a diligent screening of its experts, Mednick Associates does not warrant or guarantee the qualifications of our Experts. Mednick Associates cannot be held liable for any omissions, inaccuracies, or fraud in the Expert’s CV.
No Guarantee of Outcome or Opinion
Hold Harmless
Connecticut Law, Jurisdiction and Venue.
Attorney’s Fees
General
[Signature Page Follows]
IN WITNESS WHEREOF, the Parties hereto have executed this Engagement Letter as of the Effective Date.
Mednick Associates
By: ____________________________________________________________________________________________________
[Name] [Title] [Client]
By: ____________________________________________________________________________________________________
[Name] [Title]
