Staff Attorney - Risk Management

Overview

The Risk Staff Attorney would report to and assist the Risk Staff Attorney III in the day-to-day management and oversight of the defense of Presbyterian claims and litigation. The successful candidate will be responsible for assisting in a variety of assigned legal projects related to risk mitigation, claims and litigation, including review and analysis of discovery responses, pleadings, and motion practice; working with the assigned internal Claims Adjuster, Risk Staff Attorney III and outside counsel on discovery and witness requests and discovery disputes; assisting in preparation for or preparing Presbyterian Healthcare Services (PHS) witnesses to testify in civil matters, including cases in which PHS is not a party-defendant but a PHS workforce member has been subpoenaed for deposition or trial testimony; advising PHS workforce members of pending claims and litigation against them and answering their legal questions and concerns; enrolling PHS workforce members who are sued in the litigation peer support program; meeting and speaking with outside defense counsel on litigation strategy; evaluating and negotiating pre-suit claims; responding to pre-litigation evidence preservation letters and settlement demand correspondence; reviewing and revising as needed claim/litigation evaluation letters in advance of presentation of a claim for settlement authority; reviewing and approving requests for retention of expert witnesses; answering legal questions from members of the Risk team and other PHS workforce members related to risk exposure and mitigation, claims/litigation, and risk mitigation efforts; reviewing and analyzing documentary evidence requested or compelled to be produced in litigation; participating in meetings with and presentations to PHS workforce regarding various topics, including depositions, informed consent, medical record documentation, and the like; interviewing potential 1-030(B)(6) witnesses and assisting outside counsel with preparing the corporate witnesses for deposition and trial appearances; identifying trial representatives and preparing them to serve in that capacity; and other general litigation-related activities. 

Activities will also include work related to mitigating potential risk across various aspects of healthcare operations, such as clinical care, compliance, and legal matters.

The Risk Staff Attorney would also assist the Risk Staff Attorney III and Associate General Counsel – Risk in developing and implementing risk management strategies, review or preparation of draft policies, procedures, protocols and guidelines from a risk/litigation perspective, providing education and training on best practices, and ensuring adherence to relevant regulations and standards.  The Risk Attorney I may also be called upon to participate in event or incident investigations and responses to incidents involving potential claim/litigation risk, including patient complaints and safety concerns and will work closely with other PHS departments and stakeholders, including clinical staff, quality and safety teams, and legal counsel, to promote a culture of safety and risk awareness.

We are looking for a skilled attorney with an interest in healthcare law, risk management, and claims/litigation and excellent communication and negotiation skills. If you are a dedicated legal professional seeking a rewarding and challenging career in the healthcare industry, we would love to hear from you.

Qualifications

• Juris Doctor degree from an accredited law school and active license to practice law in one or more states and a member in good standing of the applicable state bar;
• New Mexico license to Practice Law preferred and must be acquired as soon as practicable following employment.
• 5 years experience practicing in the health law field, with a particular focus on healthcare compliance, contracting and transactions.
• 5 years of experience in regulatory and transactional matters for healthcare clients, including advising clients on federal and state regulatory matters; fraud and abuse (including, in particular, the Stark Law); physician arrangements; mergers and acquisitions; joint ventures and affiliations; reimbursement issues; compliance reviews and investigations; privacy and security; and exempt organization issues.
• Experience working in a litigation setting preferred. 
• Strong communication and interpersonal skills with the ability to effectively interact with court personnel, healthcare providers and other stakeholders. 
• Occasional in-state travel to various PHS facilities. 

Responsibilities

• Assist business leaders with the review and structure of legally compliant contracts and business arrangements to address stra