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Years of Experience
Date Last Verified
ProfileTrial Attorney The candidate works in a cooperative manner with management, coworkers, customers, and vendors; seeks to support firm’s mission and vision in daily operations. Contributes to the development of the department’s strategic and operating planning and meets assigned target dates and budget goals; helps ensure that department quality, service, and productivity standards are met. Provides legal advice to clients regarding potential claims. Performs all requisite duties of defending insureds throughout the Medical Review Panel Process and in Court, up to and including the ultimate resolution of the matter through dismissal, settlement, trial and if necessary, appeal. Keeps the insured and the claims representative advised of developments in the case. Attends the initial meeting with the insured healthcare provider. Advises the insured and claims as to the potential liability exposure based upon facts as they are developed through discovery. Drafts any and all correspondence ( or directs that same be drafted ) needed to advance the case and document the file. Drafts any and all pleadings ( or directs that same be drafted ) needed to defend, advance, try, resolve, or appeal the case. Participates and drives the selection of the attorney chairperson in a medical review panel action. Participates and drives the formation of the medical review panel. Recommends waiver of the medical review panel in appropriate cases if in the best interest of the insured. Formulates a discovery plan to develop facts necessary for the completion of the medical review panel process. Participates and drives the discovery process needed to work the case up for presentation to a medical review panel. Prepares the submission of evidence to the medical review panel (or directs that same be prepared). Attends the hearing of the medical review panel , and questions the healthcare provider members of the panel if and as appropriate. Reports the outcome of the panel hearing to the insured and claims representative. Calculates the applicable prescriptive period remaining post panel, and diaries same. Initiates a court search to determine if suit has been filed post panel once the prescriptive period has expired. Evaluates whether or not plaintiffs have followed the rules regarding the posting of a bond in connection with filing suit. Evaluates the liability exposure of the case post panel based upon any additional information obtained. Participates in Arbitrations and Mediations. Formulates a discovery and litigation plan. Evaluates the possibility of obtaining a dismissal through summary judgment . Conducts any and all factual discovery deemed appropriate including document discovery and depositions of plaintiff’s fact witnesses. Evaluates the qualifications of plaintiff’s expert witnesses based upon information available. Evaluates the need for additional discovery regarding plaintiff’s expert. Takes the deposition of plaintiff’s expert witness if deemed appropriate. Drives the selection and preparation of Defense expert witnesses. Conducts any and all other discovery and investigations deemed appropriate ( or directs that same be performed ). Completes preparation deemed appropriate to bring the matter to trial. Tries the case before a Judge or Jury. Evaluates the viability of appeal if necessary. Facilitates the payment and satisfaction of any judgment, including the calculation of judicial interest up to the time of payment. Obtains any and all pleadings and documentation necessary to reflect final dismissal of the case from the court’s docket as deemed appropriate. Performs any and all other functions deemed appropriate to obtain final resolution of a claim or suit including, but not limited to, items noted in the list noted above. Adheres to firm’s policies and procedures, as well as the policies and guidelines of the claims department and legal department to the extent ethically allowed by the Louisiana State Bar Association Guidelines for the Practice of Law, and the Code of Professional Responsibility. Supervises and is responsible for the work product of subordinate attorneys, paralegals, nurse paralegals, legal nurse specialists, legal secretaries and legal assistants. Responsible for the professional development of less experienced attorneys in the legal department with whom the trial attorney interacts. Presents and maintains competent and professional image of firm and the Legal Department. Interacts with and maintains relationships with the bench, legal, and medical communities. Complies with any and all obligations imposed by the Louisiana Supreme Court, and/or the Louisiana State Bar Association regarding the practice of law in the state of Louisiana. Complies with the Code of Professional Responsibility. Obtains the requisite number of CLE hours needed to maintain a license to practice law in Louisiana. Works to continually develop litigation and general legal skills. Assists other trial attorneys as needed in the best interest of the insured. Completes tasks delegated by the Staff Counsel Manager in a timely and competent manner.
Qualification and Experience
The candidate should have JD degree from an ABA accredited law school is needed. Currently admitted to practice law in the State of Louisiana is essential. Participation in a sufficient number of Judge and/or Jury Trials to demonstrate the ability and skills necessary to handle a medical malpractice case through trial , and appeal is necessary. Should have 15 years of experience as primary attorney handling files. Strong customer focus and team orientation is needed. Strong decision making skill is needed. Excellent communication skills with the ability to interact and work effectively with employees at all levels within the organization is essential. Proficiency in the use of Microsoft Office Programs is needed. Insurance industry experience is essential.