20% - Identify, investigate, analyze, and evaluate medical, legal, and fiscal issues related to covered claims (potential or asserted) against SIP participants. Responsible for identifying, reviewing, investigating, and analyzing claims (potential or asserted) against SIP participants. Conduct full factual investigations of assigned claims files. Evaluate claims in terms of negligence, causation, and compensable damages. Present initial claims summaries to SIP internal committees. Prepare claim summaries, and make indemnity and allocated loss expense reserve recommendations pursuant to established protocols. Serve as advisor to and investigator for the SIP Program Council and its Claims and Litigation Committee. Provide such assistance as required in fulfilling SIP administrative responsibilities. Present claims summaries and related reports. Participants (with whom the incumbent has daily contact) include (but are not limited to) faculty members, staff members, and administrators of:
• UF Colleges of Medicine, Dentistry, Pharmacy, Nursing, Veterinary Medicine (including the Veterinary Medical Teaching Hospital (VMTH)), Health-Related Professions, and their affiliated facilities and programs throughout the State of Florida, including the Shands Teaching Hospital Inc. facilities
• Shands Jacksonville Medical Center and its affiliated facilities
• Florida State University (FSU) College of Medicine and its affiliated facilities and programs throughout the State of Florida
• University of Central Florida (UCF) College of Medicine and its affiliated facilities and programs throughout the State of Florida
• Florida Atlantic University (FAU) College of Medicine and its affiliated facilities and programs throughout the State of Florida
• Florida International University (FIU) College of Medicine and its affiliated facilities and programs throughout the State of Florida
20% - Coordinate and manage litigation processes in defense of lawsuits filed based on covered claims. Responsible for identifying, reviewing, investigating, and analyzing claims with legal interest asserted against SIP participants. Monitor and continue the full factual investigation of asserted claims through litigation. Coordinate and ensure timely response to interrogatories and production. Track the progress of all assigned cases in litigation to ensure that an aggressive proactive defense and claims resolution is accomplished within the timeframe set by SIP management. Initiate employment and retention of experts. Undertake preparing witnesses, including assisting outside legal counsel hired by the program in preparing fact and expert witnesses for depositions related to claims in litigation, and to assist outside legal counsel during said depositions. Develop defense strategies. Assist in selecting outside legal counsel and participating at all significant hearings, depositions, mediations, and trials. Monitor files to ensure appropriate reserves are in place and allocated loss expense and indemnity payments remain within authorized limits.
15% – Coordinate, manage, and resolve (including denying, settling, or defending) all covered claims with or without notice of intent (potential or asserted), against SIP participants. Coordinate, manage, and execute all pre-suit legal and administrative processes required by Florida statute. Responsible for managing and resolving (including denying, settling, or defending) all assigned covered claims (potential or asserted), against entities and individuals protected by the SIP. Undertake a full factual investigation and timely response to assigned claims (asserted and potential). Prepare timely appropriate responses to pre-suit information requests and production. Track the progress of all assigned cases in pre-suit 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. Initiate the employment and retention of experts. Undertake preparing witnesses. Participate in unsworn statements and other pre-suit discovery. Monitor files to ensure appropriate reserves are in place, and that allocated loss expense and indemnity payments remain within authorized limits.
15% - Travel. Meet with and prepare fact and expert witnesses for deposition and trial. Attend depositions throughout the United States, and occasionally in foreign countries.
10% - Identify risk factors that cause or contribute to claims and suits. Responsible for 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. Collaborate directly with the SIP Loss Prevention staff to identify potential risks and opportunities for loss reduction. Recommend activities to mitigate or remove identified factors. Assist in following-up on loss prevention programs. Provide advice and assistance on an immediate access basis regarding patient care liabilities and protocols related to loss prevention. Conduct in-service education programs, seminars, and topical presentations for faculty physicians, residents, nurses, or other healthcare providers. Develop loss prevention awareness through regular interaction with healthcare providers. Demonstrate the benefits of established loss prevention programs and successful effort resulting from the proactive management of potential risks.
10% - Responsible for reviewing and tracking proposed and existing contracts, affiliation agreements, marketing materials, and other items submitted by insureds for assessing and determining liability exposure.
5% - Provide investigative and administrative management supporting healthcare providers subjected to administrative proceedings related to their medical license, and facilitate procuring legal counsel for these providers.
5% - Perform such other duties and functions as may be assigned. Prepare witnesses employed or formerly employed by covered entities for unsworn statements in pre-suit discovery. Represent covered entities at unsworn statements and depositions, in those situations and circumstances where prior approval has been obtained from the Deputy Administrator. Perform a variety of legal work, including (but not limited to) preparing of memos of law, legal responses, witnesses before trial, and legal research.
Law degree (L.L.B. or J.D.) and five years of experience in the legal, medical, or healthcare fields. Must be a member in good standing of the Florida Bar or become a member within twelve months of employment.
Knowledge of tort law, health care systems, risk management techniques, and medical malpractice claims handling experience is essential, as is the ability to perform under great pressure in a multi-tasking environment. Demonstrated competency in medical research and internet research skills is preferred. Must have excellent oral and written communication skills, good native intelligence and an ability to interact with individuals of all social and economic backgrounds.
The Healthcare Education Insurance Company (HEIC) is a single parent captive insurance company established by the Florida Board of Governors domiciled in the State of Vermont responsible for the oversight and management of the professional and general patient related liabilities for the state of Florida.
