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Job Details

Senior Litigation Attorney

Experience
5 yrs required

Location
Duval, FL, United States

Posted on
Aug 17, 2020

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Senior Litigation Attorney
Duties: Responsible to the Deputy Administrator, University Health Center Self-Insurance Program (UF SIP): the identification, investigation, analysis and evaluation of the medical, legal, and fiscal issues related to covered claims, potential or asserted, against Participants of the SIP; the coordination, management and resolution, including denial, settlement, or defense of all covered claims with or without Notice of Intent, potential or asserted, against SIP Participants, including the coordination, management and execution of all presuit legal and administrative processes required by Florida Statute; the coordination and management of litigation processes in defense of lawsuits filed based on covered claims the identification of risk factors which cause or contribute to claims and suits; and the review of legal documents and other items submitted by insureds for risk assessment. Responsible for the identification, review, investigation and analysis of claims, potential or asserted, against SIP participants. Conducting a full factual investigation of assigned claim files; evaluating claims in terms of negligence, causation, and compensable damages; presenting initial claims summaries to SIP internal committees; preparing claim summaries and making indemnity and allocated loss expense reserve recommendations pursuant to established protocols; serving as advisor to and investigator for the Self-Insurance Program Council and its Claims and Litigation Committee; and providing such assistance as required in fulfilling SIP administrative responsibilities, including the presentation of claims summaries and related reports. Participants, with whom the incumbent will have daily contact include, the faculty, staff and administration of: University Colleges of Medicine, Dentistry, Pharmacy, Nursing, Veterinary Medicine (including the VMTH), Health-Related Professions and their affiliated facilities and programs throughout the State , Shands Jacksonville Medical Center and its affiliated facilities, Florida State University College of Medicine and its affiliated facilities and programs throughout the State, University of Central Florida College of Medicine and its affiliated facilities and programs throughout the State, Florida Atlantic University College of Medicine and its affiliated facilities and programs throughout the State, University College of Medicine and its affiliated facilities and programs throughout the State. Identifying, reviewing, investigating and analyzing claims with legal interest asserted against SIP participants. Monitoring and continuing the full factual investigation of asserted claims through litigation; coordinating and ensuring timely response to interrogatories and production; tracking the progress of assigned all cases in litigation to ensure that an aggressive proactive defense and resolution of claims is accomplished within the timeframe set by SIP Management; initiating employment and retention of experts; undertaking the preparation of witnesses, including assisting outside legal counsel hired by the Program in the preparation of fact and expert witnesses for depositions related to claims in litigation and to assist outside legal counsel during said depositions; and developing defense strategies. Assisting the Senior Associate Director in the selection of outside legal counsel and participating at all significant hearings, depositions, mediations, and trials. Monitoring files to ensure appropriate reserves are in place and allocated loss expense and indemnity payments remain within authorized limits. Coordination, management and resolution, including denial, settlement, or defense of all covered claims with or without Notice of Intent, potential or asserted, against SIP Participants, including the coordination, management and execution of all presuit legal and administrative processes required by Florida Statute: Management and resolution, including denial, settlement or defense of all assigned covered claims, potential or asserted, against entities and individuals protected by the Self-Insurance Program. Undertaking a full factual investigation and timely response to assigned claims, asserted and potential; preparing timely appropriate responses to presuit information requests and production; tracking the progress of all assigned cases in presuit to ensure that appropriate responses, negotiations and settlement offers, or alternatively, denials and aggressive proactive defense are accomplished for the timely resolution of claims, as required by Florida Statute and policy set by SIP Management; initiating the employment and retention of experts; undertaking the preparation of witnesses and participating in unsworn statements and other presuit discovery. Monitoring files to ensure appropriate reserves are in place and allocated loss expense and indemnity payments remain within authorized limits. Coordinating and ensuring that assigned files are reviewed and analyzed for potential loss prevention activities and that assigned files contain appropriate documentation pertaining to loss prevention and risk reduction initiatives associated with the claim. Collaborating directly with the SIP Loss Prevention staff to identify potential risks and opportunities for loss reduction, recommending activities to mitigate or remove identified risk factors, and assisting in follow-up on loss prevention programs; providing advice and assistance on an immediate access basis regarding patient care liabilities and protocols related to loss prevention; conducting in-service education programs, seminars, and topical presentations for faculty physicians, residents, nurses, or other healthcare providers; developing loss prevention awareness through regular interaction with healthcare providers; and demonstrating the benefits of established loss prevention programs and successful effort resulting from the proactive management of potential risks. Meeting with and preparing expert witnesses for deposition and trial; attending depositions throughout the United States and occasionally in foreign countries. Review and tracking of proposed and existing contracts, affiliation agreements, marketing materials, and other items submitted by insureds for risk assessment and determination of liability exposure. Provides investigative and administrative management in support of healthcare providers subjected to administrative proceedings related to their medical license and facilitates the procurement of legal counsel for these providers. Provides such other duties and functions as may be assigned. Incumbents licensed to practice law in the State are expected to prepare witnesses employed or formerly employed by covered entities for unsworn statements in presuit discovery and may represent covered entities at unsworn statements and depositions, in those situations and circumstances where prior approval has been obtained from the Deputy Administrator. Provide all services by the Deputy Administrator to perform a variety of legal work, including, the preparation of memos of law, the preparation of legal responses, the preparation of witnesses before trial, and legal research.

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