VETERAN TERMS & CONDITIONS

WHEREAS, MedConnectVA LLC (“MedConnectVA”), is in the business of, inter alia, introducing its Clients to Medical Expert(s) and/or consultants (“Expert”) for anticipated or pending litigation, and WHEREAS MedConnectVA is not a hospital or any other type of health-care provider, and WHEREAS MedConnectVA does not provide its own medical advice of any kind, and WHEREAS MedConnectVA does not warrant or guarantee the opinions set forth by the Medical Experts which it refers to its Client(s), and WHEREAS the (“Client”), whose name is entered below, acknowledges these facts and wishes to engage MedConnectVA to refer  Medical Experts for the purposes of Medical Record Reviews and Written Nexus Opinions. WHEREAS MedConnectVA and the Client, hereby enter into this Agreement (“Agreement”).

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Medical Record Reviews & Written Nexus Opinions

 

• MedConnectVA Pre-Screens cases for this service on behalf of its Clients at no charge.

 

• To qualify for a Case Pre-Screening, the Client must complete a MedConnectVA Pre-Screening Request Form, and submit the basic documents it requires.  Immediately upon completion of these Terms & Conditions, the Prescreening Request Form link will be emailed to the Client.

 

• MedConnectVA agrees that it will, after receipt of the Pre-Screening Request Form and documents, process said file and deliver to a specialized Medical Expert for review.

 

• The Medical Expert will review the pre-screening materials including the risk factors identified on the Pre-Screening Request Form and render a preliminary opinion regarding the connection. The Expert opinion provided during pre-screening is not binding nor is it a guarantee. The complete medical file for a case is not reviewed by the Expert during a no-charge pre-screening.  Until a paid full medical record review is conducted, the Experts opinion is not definitive. The Expert will not review C-Files, or other voluminous medical records during a no-charge pre-screening. If the Client prefers definitive answers, the Risk Assessment Service is recommended.

 

• After the Medical Expert has reviewed the Client's Pre-Screening Intake form and attached case information, MedConnectVA will send case specific remarks to the Client from the Medical Expert, along with the Medical Expert's 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 MedConnectVA 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 MedConnectVA and that their CV, their remarks, reports and any other written or verbal communication from or with respect to the Medical Expert is the confidential property of MedConnectVA and cannot be copied or distributed without the written consent of MedConnectVA.
   

• Client acknowledges and agrees that MedConnectVA makes no guarantee of a favorable opinion or outcome by a Medical Expert.

 

• Client acknowledges and agrees that MedConnectVA makes no guarantee of a favorable opinion from the VA based on or in conjunction with a written medical opinion commissioned through this Agreement.​

Fees for Medical Record Reviews & Written Opinions
 

• The Client agrees to the following Fixed Price “Fee Schedule” for Medical Record Reviews & Written Nexus Opinions.

 

• If the Client decides to move forward with a full medical record review and written Nexus Opinion after Pre-Screening, the Client agrees to pay the following fees:

 

• $1,000 for a medical review performed by the recommended Medical Expert. The Client will be invoiced for the Medical Record Review at the time the medical records are released to the Medical Expert. Payment to MedConnectVA is due upon receipt.

 

• $1,000 for a completed written Nexus Opinion based on the medical records received from the Client, and previously reviewed by the Expert. MedConnectVA will invoice the Client upon delivery of the DRAFT Nexus Opinion. Payment is due upon receipt.

 

• If after the Medical Record Review is complete, the Medical Expert determines that the case can not be connected due to new facts uncovered in the full medical file, the Expert will document the issues and this information will be provided to the Client by MedConnectVA. The Client is still responsible for the Medical Record Review fee of $1000, but no Written Opinion will be prepared in this scenario, and therefore, the Client is not responsible for, and will not be invoiced for, the Written Medical Opinion ($1,000).

 

• Upon receiving a completed draft opinion, the Client shall review the draft report within 14 days of receiving it, communicate to MedConnectVA any edits or clarifications that the Client would like to incorporate. MedConnectVA works in good faith with all Clients and Medical Experts to incorporate edits requested by the Client. The author of the opinion, the Medical Expert, shall have final decision authority over the content of the Written Nexus Opinion.
   

• The Medical Record Review Fee ($1,000) is non-refundable.  The Written Opinion Fee ($1,000) is not refundable.

 

• MedConnectVA will deliver Nexus Opinions within 30 days of the date that the complete file of medical records is delivered to MedConnectVA unless otherwise agreed to by the Client.  

 

• The Medical Record Review fee is subject to change if the volume of the medical documents submitted to MedConnectVA for a Medical Expert’s Review is unusually large. Experts should only receive materially relevant medical records. In the event that an increase in the Initial Retainer Invoice 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. This is a very rare event.

 

• If a written opinion is not produced by the Expert because the Expert could not support a medical connection for the case, or for any other reason a report is not produced after a Medical Review has been performed by the Expert, The Written Report Invoice shall not be sent to Client and the engagement between MedConnectVA and the Client for the relevant case shall end and be considered closed.

 

• All Medical Expert Fees shall be made payable to MedConnectVA under the MedConnectVA tax ID number which is displayed on every invoice.
   

• 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.

 

• The Client can pay fees either by a check that is mailed to MedConnectVA, or they can pay by credit card.  In the event of payment by credit card, a 3% fee will be added to the cost of the service being provided. MedConnectVA does not profit from this fee. It represents the cost paid by MedConnectVA to provide credit card services to Clients.

 

The Risk Assessment Service

 

• From as early in the process as intake, The Risk Assessment Service allows Attorneys and Agents the ability to completely outsource medical fact-finding, and to obtain conclusive connection determinations at a very low cost.

 

• The Risk Assessment Service includes a thorough, full medical record review by our in-house physicians, and it provides definitive answers regarding the service connection (Nexus Question) as defined by the Client.

 

• The fee for a Risk Assessment is $500 and must be paid prior to the beginning of the record review.

 

• The Client can pay fees either by a check that is mailed to MedConnectVA, or they can pay by credit card.  In the event of payment by credit card, a 3% fee will be added to the cost of the service being provided. MedConnectVA does not profit from this fee. It represents the cost paid by MedConnectVA to provide credit card services to Clients.

 

• MedConnectVA will deliver Nexus Opinions within 30 days of the date that the complete file of medical records is delivered to MedConnectVA unless otherwise agreed to by the Client.  

 

• To request a Risk Assessment, the Client must complete a MedConnectVA Risk Assessment Request Form and submit the complete medical file. Immediately upon completion of these Terms & Conditions, the Risk Assessment Request Form link will be emailed to the Client.

 

• All medical records must be provided to MedConnectVA at the start of the Risk Assessment.  Additional medical records cannot be submitted after the Risk Assessment Review has begun.

 

• If after performing a Risk Assessment, it is determined by MedConnectVA that the case CAN be connected, MedConnectVA will honor a full cost credit of the Risk Assessment ($500),  to be applied toward a Medical Expert Review and Written Nexus Opinion for 90 days, for the same case and for the same connection. The date the Risk Assessment results are delivered to the Client is the date the 90 days begins.

 

• After 90 days, MedConnectVA will honor a ($300) credit to apply toward a Medical Expert Review and Written Nexus Opinion for up to one year, for the same case and for the same connection. The date the Risk Assessment results are delivered to the Client is the date the one-year credit period begins.

 

• If after performing a Risk Assessment, it is determined by MedConnectVA that the case CAN NOT be connected, MedConnectVA will provide the Risk Assessment Report to the Client which will include the specific medical facts detrimental to the case along with medical record page number references.

 

• There is no obligation to move forward with a Nexus Opinion after a Risk Assessment is performed.

 

Exclusivity
 

Client agrees that it shall not retain any Expert provided to Client by MedConnectVA without the knowledge, written consent or involvement of MedConnectVA.

 

Client agrees not to discuss or negotiate fees with MedConnectVA Medical Experts.

 

Client agrees that it shall not share CV's, Expert identities, or completed opinions or any other written or verbal information regarding the Medical Expert with any party that is unrelated to the case for which the report was written.

 

While MedConnectVA conducts diligent screening of its Medical Experts, MedConnectVA does not warrant or guarantee the qualifications of Medical Experts and cannot be held liable for any omissions or inaccuracies of Medical Expert credentials or opinions.

Severability

MedConnectVA 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 MedConnectVA 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
 

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 MedConnectVA 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.