Client Terms & Conditions for VA cases
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
- Mednick Associates agrees that it will, after consultation with Client, identify candidates to serve as a Medical Expert on Client’s behalf.
- Based on the specific details of Client’s case, Mednick Associates will send to Client its recommended candidate Medical Expert, including, inter alia, their Curriculum Vitae (“CV”).
- Client agrees that it will carefully review the Expert’s CV and that it will make its own, independent decision whether or not to retain the Expert.
- Client agrees that Mednick Associates makes no guarantee that it will be able to provide an Expert that will be approved by Client.
- Client understands that the Expert is an asset of Mednick Associates and that their CV is the confidential property of Mednick Associates and cannot be copied or distributed without consent.
- Client acknowledges and agrees that Mednick Associates makes no guarantee of a favorable opinion or outcome by a Medical Expert.
- Client agrees that it shall not retain any Expert provided to Client by Mednick Associates without the knowledge and/or involvement of Mednick Associates.
- Client agrees not to discuss or negotiate fees with Mednick Associates Medical Experts.
- While Mednick Associates conducts diligent screening of its Medical Experts, Mednick Associates does not warrant or guarantee the qualifications of Medical Experts and cannot be held liable for any omissions or inaccuracies of Medical Expert credentials.
- The Client agrees to the Veteran Fixed Price [“Fee Schedule”] as published on the Mednick Associates company website or, that Client has been designated special status as a member of Mednick Associates Veteran “[“Partner Program”]”, for which a discounted Fee Schedule has been previously granted and agreed upon.
- Client agrees that said Fee Schedule applies to each Veteran case that Client submits to Mednick Associates for the purpose of retaining a Medical Expert.
- Fee’s for Medical Expert services are billed to Client with 2 (two) invoices.
- Invoice 1: A 50% non-refundable “Initial Retainer” invoice shall be sent to Client upon Client approval of a Medical Expert CV, and prior to the Expert performing the case review of medical records. On behalf all Mednick Associate Medical Experts, the Initial Retainer invoice is due upon receipt.
- Invoice 2: The final payment, a 50% non-refundable [“Written Report”] Invoice shall be sent to Client upon Client’s receipt of the draft Written Report produced by the Client approved Medical Expert. On behalf of all Mednick Associate Medical Experts, the Written Report invoice is due upon receipt.
- The Initial Retainer Fee is subject to change if the volume of the medical documents submitted to the Expert for its review is unusually large. Experts should only receive materially relevant medical records. In the event that an increase in the Initial Retainer is necessary, the Client shall be informed of said increase prior to the Expert commencing a review of the medical records, and prior to Client being invoiced. Client can accept or decline to move forward based on the adjusted Initial Retainer Fee
- If a written report is declined by Client based on the initial review and opinion of a Medical Expert, or for any other reason prior to the Medical Expert commencing work on the report, the final 50% payment shall not be invoiced to Client and the engagement between Mednick Associates and Client for the relevant case shall end and be considered closed.
- All Medical Expert Fees shall be made payable to Mednick Associates under the Mednick Associates tax ID number.
- Failure to pay an invoice within 15 days of receipt will cause a Medical Expert to immediately cease to perform work on the relevant case, and interest charges of 2% per month shall be applied to the outstanding balance.
- Mednick Associates and Client agree that should any part of this Agreement be rendered or declared invalid by a court of competent jurisdiction, the remaining portions of this Agreement shall remain in full force and effect.
- These Terms & Conditions and the agreed upon Fee Schedule comprise the entire agreement between Mednick Associates and Client and it supersedes all prior negotiations, agreements, and understandings between and among the parties.
- This Agreement may only be amended in writing and executed by all parties.
Legal Venue and Legal Fees
- This Agreement shall be interpreted under the laws of the State of Connecticut.
- In the event of litigation relating to the subject matter of this Agreement, Client and Mednick Associates agree that the parties will submit themselves to a mandatory mediation within 90 days of one party’s demand. Such mediation will occur within the state of Connecticut. Should the parties fail to resolve the disagreement at mediation, any litigation between the parties arising out of this Agreement will be resolved in in Connecticut Superior Court.
- In the event of litigation relating to the subject matter of this Agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting there from.