Risk Attorney

At Houston Methodist, the Risk Attorney position is responsible for risk, claims, and litigation management. The duties for this position safeguard Houston Methodist's (HM) interests by providing risk management-driven guidance to internal clients and acting as the organization's agent in litigation and claims management. The Risk Attorney position provides sustainable counsel to prevent, reduce, and extinguish asset losses and engages with clients to achieve measurable outcomes. This position shepherds claims to an equitable resolution in a financially prudent manner. To achieve this, the Risk Attorney position applies legal theories of civil litigation (including personal injury and premises liability), commercial/business litigation, employment litigation, criminal, and federal and state regulations to the matter at hand. This position generates and maintains sound legal analysis and reports anticipated losses to department leadership. For litigation management, the Risk Attorney position coordinates HM witnesses and defendants, leads discovery, and participates in strategy planning and mediations. This position is responsible for ensuring a suitable balance is struck between the degree of risk tolerance and the successful delivery of healthcare services.

FLSA STATUS
Exempt

QUALIFICATIONS

EDUCATION

• Doctor of Jurisprudence (J.D.)

EXPERIENCE

• Two years' experience as an attorney focused on a docket primarily comprised of medical malpractice or personal injury OR two years' experience providing direct patient care in an acute care setting as a Physician’s Assistant (PA), Registered Nurse (RN), or Respiratory Care Practitioner (RCP)

LICENSES AND CERTIFICATIONS
Required

• ATT-JD - Attorney - State Bar - Texas Department of Licensing and Regulation_PSV Member of the Texas State Bar in good standing

Preferred

• PA - Physician Assistant - State Licensure or
• RN - Registered Nurse - Texas State Licensure Compact Licensure – Must obtain permanent Texas license within 60 days (if establishing Texas residency) or
• RCP - Licensed Respiratory Care Practitioner - State Licensure or
• CRT - Certified Respiratory Therapist (NBRC)

SKILLS AND ABILITIES

• Demonstrates the skills and competencies necessary to safely perform the assigned job, determined through ongoing skills, competency assessments, and performance evaluations
• Sufficient proficiency in speaking, reading, and writing the English language necessary to perform the essential functions of this job, especially with regard to activities impacting patient or employee safety or security
• Ability to effectively communicate with patients, physicians, family members and co-workers in a manner consistent with a customer service focus and application of positive language principles
• Ability to process large volumes of data from multiple disciplines and discern key legal-risk issues and thoughtfully communicate recommendations based on information collected that creatively support the client’s business mission, while ensuring the means are risk-averse
• Working knowledge of litigation financing and the ability to direct outside counsel to ensure legal reserves are prudently used
• Ability to create a plan for, and execute, accurate claim evaluation
• Exceptional communications skills and ability to interact effectively and politely with people of varying backgrounds. Ability to maintain composure and invoke confidence in difficult situations
• Strong analytical skills and ability to make thoughtful decisions and provide risk-avoiding, legally-sound directions that comports with HM’s I CARE Values, the risk and litigation management strategic plan, and the circumstances as they present
• Baseline knowledge of case law, statutes, and trends related to medical malpractice
• Ability to creatively solve complex medical-legal-social issues
• Basic comprehension of operational structure necessary to support optimal healthcare delivery and working knowledge of hospital operations in the U.S.

ESSENTIAL FUNCTIONS

PEOPLE ESSENTIAL FUNCTIONS

• Provides clients with risk-focused legal advice in a manner that is advantageous to effective change management practices.
• Provides supportive, goal-driven guidance to HM employees during the course of legal proceedings.
• Works collaboratively with business partners, internal clients, outside law firms, and vendors to ensure financially-sound, timely, and successful outcomes.

SERVICE ESSENTIAL FUNCTIONS

• Investigates events with a focus on legal, risk, and reputational implications thereof, and employs high-level critical thinking skills necessary to evaluate these exposures.
• Generates and maintains claims and litigation files that are thorough, concise, and accurate, so as to provide management with meaningful information.
• Communicates in a manner that reflects the ability to apply legal analysis to facts, and generates recommendations on claims and litigation strategy.
• Participates in committees and workgroups as a risk resource. Disseminates valuable information gleaned from meetings to key stakeholders throughout HM entities. Creates and presents risk and litigation-focused presentations to business and clinical units. Seeks opportunities for same.
• Oversees and assists outside counsel or third parties in all matters pertaining to litigation which includes management of subpoenas, scheduling, discovery/production, witness meetings, depositions, and internal relations.

QUALITY/SAFETY ESSENTIAL FUNCTIONS

• Recognizes opportunities to mitigate or eliminate risk and partners with appropriate stakeholders to bring about necessary change. Recommends resolution based on established legal theories, while applying HM’s litigation philosophy.
• Seeks creative solutions to enhance efficiency in the department and collaborates with others or under the supervision of management to achieve a successful outcome.
• Under direction of department management, engages in strategic oversight and direction of outside council in a manner that comports with HM’s litigation philosophy.

FINANCE ESSENTIAL FUNCTIONS

• Evaluates the legal merits of a matter and recommends thoughtful indemnity and legal reserves. Submits timely, comprehensive, and persuasive memoranda to secure financial or trial authority.
• Engages with outside law firms and vendors in a judicious manner while ensuring that the highest-quality legal services are rendered.

GROWTH/INNOVATION ESSENTIAL FUNCTIONS

• Initiates analysis of work product to identify opportunities for improvement, outlines the means by which to execute recommendations which includes identifying opportunities to optimize work productivity and protection of HM’s interests.
• Keeps abreast of state and federal litigation and legislation that have a potential to create an impact on the organization and departmental strategy. Educates colleagues and stakeholders.

SUPPLEMENTAL REQUIREMENTS
WORK ATTIRE

• Uniform: No
• Scrubs: No
• Business professional: Yes
• Other (department approved): No

ON-CALL*
*Note that employees may be required to be on-call during emergencies (ie. Disaster, Severe Weather Events, etc) regardless of selection below.

• On Call* Yes

TRAVEL**
**Travel specifications may vary by department**

• May require travel within the Houston Metropolitan area Yes
• May require travel outside Houston Metropolitan area Yes

QUALIFICATIONS

EDUCATION

• Doctor of Jurisprudence (J.D.)

EXPERIENCE

• Two years' experience as an attorney focused on a docket primarily comprised of medical malpractice or personal injury OR two years' experience providing direct patient care in an acute care setting as a Physician’s Assistant (PA), Registered Nurse (RN), or Respiratory Care Practitioner (RCP)

LICENSES AND CERTIFICATIONS
Required

• ATT-JD - Attorney - State Bar - Texas Department of Licensing and Regulation_PSV Member of the Texas State Bar in good standing

Preferred

• PA - Physician Assistant - State Licensure or
• RN - Registered Nurse - Texas State Licensure Compact Licensure – Must obtain permanent Texas license within 60 days (if establishing Texas residency) or
• RCP - Licensed Respiratory Care Practitioner - State Licensure or
• CRT - Certified Respiratory Therapist (NBRC)