These standard terms and conditions apply to any services rendered by Fairview Medical-Legal Consulting LLC (“Consultant”) to its clients (each, a “Client”):
- The manner in which the services are to be performed and the specific hours to be worked by Consultant shall be determined solely by Consultant. Client will rely on Consultant to work as many hours as may be reasonably necessary to fulfill Consultant’s obligations under this Agreement.
- It is understood by the parties that Consultant is an independent contractor with respect to Client.
- Consultant is not an attorney, nor licensed to practice law. Consultant’s contributions to discussions with Client regarding medical-legal issues should be interpreted as opinions, and not legal advice.
- Consultant’s opinions are based on the medical records and information Consultant receives from Client. If the medical records or information provided by Client are incomplete or illegible, as much of an opinion as is reasonably possible will be prepared. The necessity for review of any missing documents may be discussed where relevant and possible.
- Client understands that the written opinions provided by Consultant will be based on the medical records Consultant receives and/or conversations Consultant has with persons involved, and Consultant’s interpretation of such medical records and/or conversations, and Consultant’s expertise. Different consultants and/or experts reviewing the same set of medical records and/or interpreting conversations, may come to completely different opinions. Consultant does not guarantee or assure Client in any way that other consultants and/or experts will agree with any or all of Consultant’s opinions.
- Consultant may receive information from Client or from other sources in the course of delivering services and:
- Consultant shall not seek to establish the reliability of information received from Client or any other information source.
- Consultant assumes no responsibility and makes no representation with respect to the accuracy, reliability or completeness of any information provided to Consultant by Client; and
- Consultant shall not be liable to Client for any loss or damage suffered by Client arising from fraud, misrepresentation, withholding of information material to the services or other default relating to such material information whether on Client’s part or that of the other information sources.
- Consultant is not responsible for any loss or damage to medical records or documents which are shipped to or from Consultant. For this reason, Consultant urges Client to keep a complete set of all the medical records and documents sent to Consultant. Do not send Consultant any originals of x-rays, sonograms, CT scans or MRIs. If Client feels that they are needed in addition to any radiology reports that are in the medical records, only send Consultant copies. Consultant will assume that any such radiology studies received are only copies. Client agrees to hold Consultant and anyone Consultant sends these medical records to harmless for any loss or damage to anything Client sends Consultant for review.
- By accepting Client’s case for review and opinion, Consultant does not accept Client or anyone associated with Client’s case as a patient.
- Consultant cannot and expressly does not guarantee a favorable case review from any expert witness recommended to Client by Consultant.
- CONSULTANT’S LIABILITY IS EXPRESSLY LIMITED ONLY TO THE FEES CONSULTANT RECEIVES FROM CLIENT. Whether Client wins or loses their case, incurs additional expenses, or receives less than they expected, has nothing to do with Consultant’s services or opinions, and Client agrees to hold Consultant harmless for any such liability.
- Client agrees to indemnify and hold Consultant harmless from any and all claims, losses, expenses, fees (including, without limitation, reasonable attorneys’ fees), costs, and judgments that may be asserted against Consultant which result from the acts or omissions of Client, Client’s employees, if any, and Client’s agents.
- Consultant disclaims, and Client waives, all implied warranties inherent in any services provided by Consultant to Client.