OUR SERVICES ARE NOT INTENDED FOR MEDICAL EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, OR IF YOU NEED URGENT CARE, YOU SHOULD CALL 9-1-1 OR ARRANGE FOR IN-PERSON MEDICAL TREATMENT WITH A PROVIDER.
This Client Agreement (this "Agreement") sets forth the terms upon which S. Oscherwitz, MD, PLLC d/b/a Doctor Detective ("Doctor Detective", “Dr. Detective”, "us", "we", "our") will provide services to you. Please review this Agreement in its entirety before engaging us. If you have any questions or concerns regarding this Agreement, please e-mail us before you engage us.
1. Our Services Are For Informational Use Only.
Our services are informational services only, and are not intended to (and do not) create a physician-patient relationship. You understand that our services are not intended to, and should not replace, a full medical evaluation or in-person services from physicians, specialists and other providers. You understand that we will not have important information that is usually obtained through a physical examination; the absence of a physical examination may affect our ability to provide services to you. You agree not to discontinue or delay any treatment or medications, nor ignore any advice of your physician based upon any information or reports received from Doctor Detective. Doctor Detective will not diagnose or treat upon; similarly, Doctor Detective will not create a treatment plan, order tests, make referrals, or order prescriptions or medical devices for you.
2. Our Services Are Not Paid By Governmental Programs or Private Insurers.
By engaging us, you agree that you will be personally financially responsible for the full cost of our services. Our services are not reimbursable by Medicare, Medicaid or any other government health program. You agree that you will not submit claims for our services to, nor seek reimbursement from, Medicare, Medicaid, any other government health program. Similarly, our services are not reimbursable by any commercial insurer, managed care organization, preferred provider organization or other payor. You agree that you will not submit claims for our services to, nor seek reimbursement from, any commercial insurer, managed care organization, preferred provider organization or other payor. We will not submit any claims to any third parties on your behalf.
3. Your Additional Promises to Us.
a. Medical Record Review. If you engage us via the website to provide a Medical Record Review, then we shall undertake to use our commercially reasonable efforts to provide the following services:
- We will review the Client Information (defined below) that you have submitted;
- We will produce a written report (“Report”) in Adobe PDF format summarizing our review of the Client Information;
- We may elect, in our discretion, to review medical literature or to consult other resources (at no cost to you aside from the fee described in Section 5 below) in connection with the preparation of the Report.
- We may answer up to two (2) questions that you submit to us when you engage us or that you subsequently submit via e-mail, so long as those questions are received by us within four (4) weeks after we send the Report to you;
- If you submit any new or supplemental Client Information to us in connection with questions, our $600 hourly fee will apply.
The fees for a Medical Record Review are described in Section 5 below.
Any and all information – including the medical questionnaire responses, your medical history, test results, charts, photographs, etc. that you provide to us (collectively, the "Client Information") – should be submitted online via www.drdetective.com through the “submit patient history” link. We encourage you to provide documents in Adobe PDF format and photographs in JPEG format. We may not be able to access other file types that you may send to us. Please do not upload .exe or .zip files. At the present time, we are unable to receive information via electronic health record programs or via other means (such as U.S. mail, CD’s, etc).
If you do not submit all of the Client Information that you wish for us to review when you engage us, then additional delays and costs may occur if you provide us with additional information. Accordingly, you are encouraged to submit all Client Information at the time that you engage us.
If there are discrepancies between the Medical Questionnaire and any other Client Information, we will assume that the Medical Questionnaire is the most recent and most accurate set of Client Information.
We do not guarantee estimates because the amount of time required to complete a review is often substantially dependent upon factors beyond our control.
b. Medical Questions. If you engage us via the website to answer a Medical Question, then we shall undertake to use our commercially reasonable efforts to provide the following services:
We will answer one (1) medical question of a general nature. The medical question will be answered in general, hypothetical terms. We will not review any Client Information (defined above); nor will we conduct any research. The answer to the question will be provided by e-mail.
c. Time for Review. We generally expect to provide you with a Report or with answers to your Medical Questions, as applicable, within one (1) to two (2) weeks after you have engaged us for the applicable service. However, there may be delays depending upon a number of factors, including without limitation, a backlog for other clients. If the time that it takes for us to provide our services is important to you, please contact us by email for an estimate of the current lead time before you engage us.
5. Fees and Billing Procedures.
a. Fees for Medical Record Review. Our fees for the Medical Record Review are $600 per hour, with a minimum fee of $600. We will bill our time in 15-minute increments, and may round our time up or down to the nearest 15-minute increment. You have the option when you engage us to limit our services to a given number of hours. If we find or expect that we will exceed the limitation requested by you, then we will contact you to receive your authorization incur additional fees. We might not be able to provide you with a draft Report if we are not authorized to incur additional fees. A minimum payment is due at the time that you engage us.
b. Fees for Medical Questions. Our fee to answer Medical Questions is $75 per question. Payment is due at the time that you submit each Medical Question to us. As described above, a Medical Record Review includes two (2) complimentary Medical Questions. If a compound question is submitted, we reserve the right to answer part of the question as we deem appropriate in our discretion; additional questions may be asked and answered for an additional fee.
c. Payments are Non-Refundable. Any payments that you have made to us are non-refundable, even if your or we discontinue our services. In some circumstances, we may be unable to, or may choose not to, answer any questions or to provide a Report, we will advise you of that fact.
d. Billing Procedures. If a balance is due after we have completed the Services, we will send you a statement. It is also expressly understood that payment of our fees are in no way contingent on the ultimate outcome or results of the Medical Record Review or the answers to Medical Questions.
6. How You May Use Information That We Provide To You.
We refer to any information that we may provide to you in connection with the services (whether related to a Medical Record Review or a Medical Question, and including without limitation the Report), as "Our Information".
Our Information is for your personal and non-commercial use. We grant you a limited, revocable, non-exclusive, non-sublicenseable, non-transferable, license to use and disclose Our Information (i) for your own use; (ii) for the use of your immediate family members; and (iii) for the use of your current and future physician(s) and other medical providers.
Any other use or disclosure of Our Information is expressly prohibited. Without limiting the foregoing, you agree that you will not: use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Our Information, except as expressly permitted in the previous paragraph, without our express prior written consent. For example, you may not post Our Information on the Internet.
7. How We Use Information That We Obtain In Connection With Our Services.
a. Generally. We may use and disclose Confidential Information to the fullest extent permitted or required by applicable law.
b. Marketing and Advertising. You hereby expressly authorize us to use and disclose Client Information to provide the services and also for the purpose of advertising and marketing our services. You authorize us to use Client Information on our website and in, mailings, electronic mailings, company newsletters and brochures, magazines, newspapers, radio stations, and/or TV stations (including cable TV and internet TV), other media companies and the public. We agree to use our reasonable efforts to de-identify Client Information, for example, by not using your last name with the information. You understand that once the information described above is used or disclosed by us, it may be re-used and re-disclosed by recipients.
Unless revoked earlier, your authorization will not expire. Your authorization may be revoked at any time by written (including electronic) communication, except to the extent action has been taken in reliance upon this Authorization. Revocation of your authorization must be made in writing to us at Dr. Detective, firstname.lastname@example.org, or 6460 East Grant Road, #32440, Tucson, Arizona 85751.
You will not receive any compensation by reason of this authorization our otherwise from our use or disclosure of Client Information. You hereby grant us a royalty-free, non-exclusive, sublicensable, assignable worldwide license to use and disclose the Client Information.
The provision of our services is not conditioned upon your agreement to this authorization.
a. Generally. Unless previously terminated, our Medical Record Review services to you will terminate when we send you our final statement for services. Unless previously terminated, our Medical Question services will terminate when we respond to your Medical question.
b. Termination by Us. In our discretion, we may elect to discontinue providing any services to you at any time, for any reason or for no reason. If we elect to discontinue providing services to you, we will advise you of such fact via e-mail and will bill you for any services performed (whether completed or not) prior to that time at the rates described above.
c. Termination by You. You may elect to discontinue our services at any time. If you elect to discontinue our services, we will bill you for any services that were performed (whether completed or not) prior to that time at the rates described above.
d. Post-Engagement Matters. Changes may occur in medical knowledge after the conclusion of our services. Unless you engage us again after completion of our engagement, we have no continuing obligation to advise you with respect to future developments. Similarly, unless you engage us again, we have no continuing obligation to review any subsequent Client Information submitted by you.
e. Return of Information. At your request, your Client Information will be returned to you, although we may retain a copy of documents at your expense. Our own files pertaining to any matters will be retained by us. These files include, for example, administrative records, time reports, personnel and staffing materials, and credit and accounting records; and internal work product such as drafts, notes, internal memoranda, and research, including reports prepared by or for us. All documents retained by us will be transferred to the person responsible for administering our records retention program. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to destroy or otherwise dispose of any such documents or other materials retained by us within a reasonable time after the termination of the engagement.
a. Force Majeure. You agree that we shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any government body, including acts of war, acts of God, insurrection, riots, wars, sabotage, embargo, explosion, vandalism, cable cut, fire, flood, earthquake or other natural disaster, strike, lockout, work stoppage or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption of or delay in telecommunications not under the control or management of us or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of our services.
b. Subcontractors. We may use subcontractors and third party service providers to fulfill our obligations hereunder.
c. Governing Law and Venue. This Agreement will be construed in accordance with the laws of the State of Arizona, without giving effect to the conflict of law principles thereof. The parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the federal or state courts located in the County of Maricopa, Arizona.
e. Waiver. Our failure to insist upon strict performance of any of the provisions of this Agreement, including its exhibits and schedules, or to exercise any right herein granted, shall not be construed to be a waiver or relinquishment of any such right and the same shall be and remain in full force and effect. All of our rights shall be cumulative and nonexclusive.
f. Amendment or Modification. The provisions of this Agreement may not be amended or modified orally, by course of conduct or otherwise, except by a written amendment agreed to by the parties via written signature or electronic consent. If the services of Doctor Detective have been terminated, and if you subsequently re-engage us, then the relationship between us will be governed by the terms of the Client Agreement which you agree to at the time that you re-engage us.
g. Notices. All notices, requests, demands and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given if transmitted by fax with receipt acknowledged, or upon delivery, if delivered personally or by recognized commercial courier with receipt acknowledged, or upon the expiration of 72 hours after mailing, if mailed by registered or certified mail, return receipt requested, postage prepaid, addressed to the address that you provide to us when you register for our services, or to the "contact us" address as may appear on our website. The time of giving such notice or consent shall be on the date of delivery, if personally delivered, or on the third business day after the date of mailing, if mailed.
i. Enforceability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.