EXPERT TERMS & CONDITIONS
This Agreement ("Agreement") is entered into between the Company, MedConnectVA LLC, (“MedConnectVA”) and the Medical Expert (“Expert”) who signs and agrees to the terms below.
This is not an exclusive Agreement. The Expert is free to render services to any other person or entity in accordance with the terms of this Agreement.
The Expert agrees that all information, written or otherwise, obtained at any time during its relationship with MedConnectVA with respect to its business, technology, processes, programs, employees, clients or any other information in any way related to MedConnectVA is, and will be the exclusive property of MedConnectVA and is considered Proprietary Information. By way of illustration, Proprietary Information includes but is not limited to information or material which may or may not have been made generally available to the public including (a) plans, strategies, methods, policies, resolutions, or negotiations (b) marketing information, including strategies, methods, customer identities or other information about customers, prospect, market analyses or projections; (c) financial information, including fee structures to our Experts, cost and performance data, and price lists; (d) operational and technological information, nexus report formats, content, templates, and procedures.
Proprietary Information also includes all Nexus Reports, sample reports, all communications written and verbal, electronic or otherwise. All Proprietary Information shall be considered highly confidentially, and the Expert agrees not to disclose highly confidential information to any other party, entity or individual or to use the same in any other capacity other than in the Experts engagement with MedConnectVA.
MedConnectVA shall pay the Expert as follows:
If the Expert independently completes both a Medical Record Review and a Written Nexus Opinion, MedConnectVA shall pay the Expert $1,000 per case within 7 of the Draft Opinion becoming Final. The Draft is considered “Final” when the client has approved it.
If the Expert independently completes a medical record review and a connection cannot be made, the Expert shall NOT write an opinion. In this case, the Expert shall notify MedConnectVA by email and the Expert shall be paid $500 for the Medical Record Review only. The case will then be terminated with the client.
If the Expert chooses to utilize the Expert Assistant Service, MedConnectVA shall pay the Expert $500 per case within 7 of the Draft Opinion becoming Final. The Draft is considered “Final” when the client has approved it.
If the Expert uses the Expert Assistant Program, and the Expert Assistant determines that the case cannot be connected, the Expert Assistant shall communicate with the Expert to discuss why the case cannot be connected, the medical records will never be released to the Expert, no fees shall be paid to the Expert, and the case will be terminated with the client.
The Expert agrees that it will not bill or communicate directly with any MedConnectVA Client without the express consent of MedConnectVA.
MedConnectVA Pre-screens all potential cases at no charge to its clients. This service is the engine of the MedConnectVA business. Experts shall participate in pre-screening which is high level and does not make a guarantee to the client. MedConnectVA protects our Experts in that we do not allow clients to submit voluminous medical records for pre-screening. To request a Pre-Screening, MedConnectVA Clients submit a Pre-Screening Request Intake Form and only several key documents.
MedConnectVA staff shall review all intake forms before they are sent to the Expert and if a connection cannot be made, MedConnectVA will not burden the Expert with the case. Instead, the case will be terminated with the client. If after the MedConnectVA pre-screening, it is determined that a connection is possible, or that it can be made, MedConnectVA shall send the case to the Medical Expert for Pre-screening. This is a brief process intended to identify risk factors that could ultimately prohibit a connection. Upon receipt of the new case, the Expert shall review the Pre-screening documents and send their remarks to MedConnectVA. Remarks are usually a few paragraphs or less.
No charge Pre-screening is the hallmark of the MedConnectVA business. We greatly reduce financial risk for attorneys and veterans through pre-screening and as a result, we gain new clients, their trust and their continued volume business.
After pre-screening, MedConnectVA will contact the Expert when a Veteran Case is moving forward. At that time, the Expert can decide whether or not s/he wants to use the Expert Assistant.
The Medical Expert shall pre-screen the case and send remarks back to the MedConnectVA Case Manager. Upon the acceptance of said case, the Expert agrees that MedConnectVA can send the Expert’s CV to the MedConnectVA Client.
Once the Client approves the Expert’s CV, MedConnectVA will coordinate delivery of the case medical records, and any other specific instructions, to the Expert. The Expert agrees to review all materials and medical records provided by MedConnectVA for each case. The Expert acknowledges that all medical records are designated highly confidential.
After the Expert completes a review of the materials and medical records, the Expert further agrees to provide a verbal or email confirmation as to whether or not said case can be medically connected according to the Client’s theory. The Medical Expert shall not write a report if a case cannot be connected.
If said case can be connected, the Expert will notify MedConnectVA and the Expert further agrees to commence writing a report within the time frame requested by the Client. MedConnectVA ensures that the Expert shall have at least three (3) weeks to complete the report.
If said case cannot be connected, the Expert will notify MedConnectVA.
Independent Contractor Status
The Expert acknowledges and agrees that it will be an Independent Contractor of MedConnectVA and therefore, the Expert is solely responsible for all applicable state and federal taxes.
The Expert will provide MedConnectVA with a current CV in Microsoft Word format (.DOC). The Expert warrants and represents that all professional licenses, including board certifications are current and valid unless expressly disclosed to MedConnectVA.
MedConnectVA invests a great deal in our Experts. We value our Expert relationships and we consider our Experts to be an asset of our company. A “direct competitor” to MedConnectVA is any entity that provides Nexus Opinions for Veteran Disability Claims. Firms that are exclusive to Medical Malpractice are not considered direct competitors. MedConnectVA does not prohibit Experts from working with direct competitors, however, we do require that Experts disclose to MedConnectVA any relationship they currently have with a direct competitor upon signing this agreement and, if in the future the Expert opts to engage with a direct competitor then the Expert shall notify MedConnectVA in writing within 14 days of commencing said relationship.
MedConnectVA and Expert 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 its Fee Schedule comprise the entire agreement between MedConnectVA and the Expert 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.
Connecticut Law, Jurisdiction and Venue
The Expert agrees to hold MedConnectVA harmless from any and all claims, demands, liabilities, costs, expenses, damages and causes of action relating or resulting from acts or omissions relative to this Agreement. 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.