LNCtips.com: Expert Retention Checklist

I work with experts every day. In fact, I work with so many experts that it's hard to remember everything I need to do when I retain them. You're probably thinking, what's the problem? All you have to do is send the expert the appropriate medical records. However, sending records to experts is just part of the retention process. Thanks to my fabulous secretary, I now use a retention checklist that she developed, which keeps me on track. Here's how it works.

* I work in Florida, which has pre-litigation requirements. Florida's pre-litigation is called Presuit, which has stringent deadlines. That's why I always note the date that Presuit ends on the top of my checklist. If I miss Presuit deadlines, it can jeopardize the case.

* I also identify a deadline for the expert's review and schedule a telephone conference with the expert. Since I work for a defense firm, I schedule the telephone conference long before the end of Presuit. If the first expert doesn't provide a favorable review, I'll have time to locate a second expert who might. (This Presuit deadline doesn't apply for Plaintiffs; they must find an expert before the date specified by statutes of limitation.)

* Florida also has certification requirements for experts without Florida licenses. Florida requires that all physician and dental experts with an out-of-state license obtain a certificate to testify as an expert in Florida. If the expert doesn't have an expert witness, certificate, I'll help the expert obtain one.

* As I mentioned, I work for a defense firm. Because of that, there are additional steps in the checklist process. One of those steps is to obtain the approval from the insurance company adjustor. To do that, I email each expert's CV and fee schedule to the adjustor for approval. If the adjustor doesn't approve of the expert, I will find another one.

* In addition, defense firms and its experts are business associates in terms of HIPAA legislation. Therefore, I need to ensure that experts will comply with HIPAA requirements. I do that by having each expert sign Business Associates and HIPAA Compliance agreements.

* I obtain information about the expert's preferences. This information tells me whether the expert wants the medical records in electronic or hard copy format as well as the expert's preferred communication method.

* After doing all that, I mail the appropriate medical records to the expert.

REVIEW DUE: 3/20/15 TELEPHONE CONFERENCE SCHEDULED: 3/23/15 PRESUIT ENDS: 5/7/15

CERTIFICATION	CURRENT UNTIL 3/1/16
APROVAL REQUESTED	2/10/15
APPROVAL RECEIVED	2/11/15
THANK YOU LETTER	MAILED 2/13/15
RETAINER	$1,000, SENT WITH THANK YOU LETTER
MAIL MEDICAL RECORDS	MAILED WITH THANK YOU LETTER
EXPERT BANK	ADDED 2/10/15
BUSINESS ASSOCIATES AGREEMENT	MAILED 2/16/15	RECEIVED _____
HIPAA COMPLIANCE AGREEMENT	MAILED 2/12/15	RECEIVED _____
EXPERT PREFERENCES FORM	EMAILED 2/12/15	RECEIVED 2/13/15

The checklist helps me keep on top of my cases. I can easily calendar reminders for the important dates. My secretary also prints a hard copy of the checklist and attaches it to a folder in which we keep all the correspondence between the firm and the expert.

...Katy Jones