Appendix D - Statement of Qualifications - Conflicts - Technical Questionnaire.docx

APPENDIX D

STATEMENT OF QUALIFICATIONS/CONFLICTS/TECHNICAL QUESTIONNAIRE

Name of Law Firm (i.e. the Offeror):

Address of Law Firm:

Telephone Number of Law Firm:

Name of Individual Completing this Form:

Telephone Number of Individual Completing this Form:

The Law Firm’s Statement of Qualification must demonstrate the firm’s ability to meet all of the minimum qualifications and provide the requested information as set forth below.

**Law Firms are expected to use this Statement of Qualifications and Technical Questionnaire in conjunction with the Statement of Work contained in Part IV of this RFP.**

1. List each member of the Law Firm’s medical malpractice practice group who will be providing services to the Commonwealth as part of the Engagement.

(a) Confirm each member is admitted to practice law before the Supreme Court of Pennsylvania and is a member in good standing.

(b) Provide resumes outlining each member’s background in defense of medical malpractice claims.

2. State the number of years of practice in defense of medical malpractice claims, with emphasis on Mcare, both for the Law Firm as well as all the attorneys within the Law Firm, who are expected to provide services for the Engagement. Complete Appendix F – Project Reference for at least one (1) identified client.

3. Specify which, if any, of the partners who are expected to provide services for the engagement have represented health care providers at trial in excess of fifty (50) medical malpractice cases.

4. Specify which, if any, of the associates who are expected to provide services for the engagement have represented health care providers at trial in excess of thirty (30) medical malpractice cases.

5. Describe specific Law Firm experience in successfully defending medical malpractice cases with multiple defendants which have provided overlapping medical treatment.

6. Describe specific Law Firm, partner and associate experience with defending complex and severe medical malpractice matters with damages above $5 million, such as fetal injury, severe neurological damage, delayed diagnosis or mistreatment of cancer, paralysis or death.

7. Describe specific Law Firm, partner and associate experience with settlement of medical malpractices cases.

8. Describe specific Law Firm, partner and associate experience utilizing alternative dispute resolution, such as arbitration and mediation, in medical malpractice cases and seeking resolution on a unified healthcare community approach.

9. Describe specific Law Firm, partner and associate experience with Mcare’s current and prior statutes and with the requirements of Mcare with respect to settlement, payment processes, and final release documents and other policies and procedures.

10. Describe specific Law Firm experience with Pennsylvania case law and procedural rules related to medical malpractice as well as other state and federal statutes impacting the defense of medical malpractice claims, such as the Emergency Medical Treatment and Active Labor Act.

11. Provide acknowledgement that senior personnel will be committed to Mcare Section 715 Defense matters. As noted above, provide resumes for all personnel responsible for this engagement, highlighting relevant experience.

12. Specifically describe the Law Firm’s envisioned approach to this engagement. Additionally, describe the anticipated division of duties among partners, associates, and paralegals. Offerors are encouraged to demonstrate and articulate their expertise within their proposals and not merely attach resumes or recite general experience.

13. Identify, within the Law Firm, any additional attorneys, and their expertise, that may be available for consultation, even though they are not assigned to this engagement.

14. List the address for each of the Law Firm’s offices in Pennsylvania.

15. Identify in which of the Mcare Regions the firm is seeking to perform Mcare Section 715 Defense Counsel services (See Appendix L for a listing of counties by region). Discuss what steps the Law Firm would take to minimize travel expenses.

16. Provide detailed descriptions of:

(a) Any litigation or administrative proceeding in which the Law Firm was a party in any matter related to the professional activities of the Law Firm during the five (5) years prior to the date of this RFP;

(b) Any pending litigation, investigation, or proceeding in which a court or administrative agency is addressing any question relating to the professional activities of the Law Firm; and

(c) Any litigation or threatened litigation in connection with services rendered by the Law Firm as counsel and/or as special counsel or in connection with any opinion rendered by the Law Firm within the last seven (7) years.

17. Provide written acknowledgment that the Law Firm will comply with OGC’s Conflict Waiver Policy, a copy of which is attached as Appendix E to the Standard Contract for Legal Services.

(a) Describe any existing or potential conflict of interest arising from the Law Firm’s relationships with or representation of other parties. A conflict shall include, but not be limited to, the representation of any party in a matter adverse to the Commonwealth or to any Commonwealth agency for which OGC has not previously granted a conflict waiver.

(b) Describe any existing or potential conflict of interest involving the personal interests of any member of the Law Firm’s practice group who will be providing services to the Commonwealth as part of the Engagement.

(c) Provide sufficient facts, legal implications, and possible effects so that OGC may evaluate the significance of each potential conflict.

(d) Represent and warrant, in writing, that the Law Firm has no conflicting representations that have not been fully disclosed to and waived by the General Counsel.

(e) Represent and warrant that the Law Firm shall not undertake any representation that conflicts with the performance of the services or obligations unless such conflicting representation has been fully disclosed to and waived by the General Counsel. All conflicting representation shall be promptly disclosed to the General Counsel.

18. Confirm that the Law Firm will perform legal services in accordance with the terms and conditions of the Standard Contract for Legal Services.