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Associate General Counsel for Health System Litigation

2 months ago

Philadelphia, Pennsylvania, United States InsideHigherEd Full time

Job Summary:

The University of Pennsylvania seeks a highly experienced and skilled Senior Counselor for Medical Malpractice and Risk Management to join its President's Center. As a key member of the legal team, this individual will collaborate with Senior Counsel in the management of all medical malpractice claims involving the Health System and its insureds. The successful candidate will provide legal support to Risk Management, counsel and represent Health System physicians and staff in litigation-related matters, and make educational presentations on claims and risk management-related issues.

Key Responsibilities:

  • Case Management: Manage an individual caseload of pre-litigation matters and litigation matters from pleadings through settlement or disposition at trial, including reviewing pleadings and discovery responses, overseeing document production, selecting experts and reviewing expert reports, conducting investigations, interviewing witnesses, conducting case analysis, reviewing motions and briefs as needed, communicating with outside counsel, the MCARE Fund and insurers, as needed, developing case strategy, preparing and documenting periodic file review, preparing requisite updates, notices and reports to insurers and other individuals and entities, as needed, evaluating cases for settlement or trial, preparing case analysis reports, managing settlement negotiations, and providing trial monitoring and support.
  • Collaboration and Oversight: Collaborate with Senior Counsel in oversight and evaluation of outside defense counsel in medical malpractice and other Health System-related litigation, including ensuring compliance with litigation guidelines, and participation in internal case review meetings and Health System claims and risk-related committees.
  • Direct Defense: Undertake occasional direct defense of medical malpractice and other Health System-related litigation from pleadings through settlement or trial.
  • Indemnity and Expense Reserves: Participate in setting of indemnity and expense reserves for medical malpractice litigation.
  • Litigation-Related Issues: Manage litigation-related issues including representation of physicians and hospital employees in depositions and other proceedings, coordinates responses to State Board inquiries as well as subpoenas and other requests for court appearances by, and the records of, Health System physicians and facilities, etc.
  • Legal Resource: Act as a legal resource for Director of Risk Management, Risk Managers and Risk Management Analysts on various risk management-related issues.
  • General Legal Advice: Provide general legal advice to senior management, staff and employees of the Health System to protect the Health System from legal exposure and to maximize compliance with statutory, regulatory and case law requirements, including participation in daily rotation of requests for legal consultation, and night/weekend consult duty.
  • Counseling and Education: Counsel physicians, house staff, medical students and nurses concerning involvement in matters with medical-legal implications. Provide legal support and advice to Health System committees as requested.
  • Risk Management: Focuses on avoiding and/or resolving legal issues in a pragmatic and expeditious manner.
  • Information Resource: Provide back-up and acts as information resource to other internal counsel, as requested.
  • Education and Training: Lecture/teach and provide educational in-services to management, clinical staff and others regarding legal issues related to medical malpractice, risk management and other health law matters.

Qualifications:

  • J.D. from ABA accredited law school; must have a minimum of ten years of litigation experience, with an emphasis on medical malpractice litigation. Experience in general health care law is desirable. Must be admitted and in good standing in Pennsylvania or other state bar; admission to Pennsylvania Bar and, at a minimum, in-house counsel licensure in New Jersey is required within one year of appointment.
  • Strong critical thinking and strategic skills; excellent legal analysis and reasoning skills; proactive approach to problem solving; ability to be a team player; excellent attention to detail; impeccable oral and written communication skills; including negotiation skills; superior organizational skills; ability to handle multiple priorities in a dynamically fluid environment; and the ability to identify, frame and solve complex legal issues creatively and to convey advice clearly and effectively.
  • Must be able to take initiative and exercise independent judgment. Position also requires strong interpersonal skills and a diplomatic, personable, responsive and practical approach to internal clients and to outside third parties.