Terms of Service

Last Updated: May 6, 2025

Welcome to Elevated MedLegal Solutions (www.elevatedmedlegal.com). These Terms of Service ("ToS") govern your use of this website and the freelance medical-legal writing and consultation services I provide. By accessing this website or engaging my services, you agree to be bound by these ToS, as well as my Privacy Policy (www.elevatedmedlegal.com/privacy-policy) and Disclaimer (www.elevatedmedlegal.com/disclaimer). If you do not agree with these terms, please do not use this website or my services.

1. Description of Services

Elevated MedLegal Solutions provides freelance medical-legal writing and consultation services, including but not limited to:

  • Drafting medical chronologies, case summaries, reports, or expert witness statements for personal injury cases.

  • Consulting on medical-legal matters to assist in understanding case-related medical or legal issues.

  • Reviewing and summarizing medical records or case details for legal purposes.

⠀These services are informational and supportive, intended to assist legal and medical professionals or their clients. They do not constitute legal advice, medical advice, or the practice of nursing (see Section 2).

2. Non-Clinical Services

The services provided through Elevated MedLegal Solutions are:

  • Non-Clinical: My work involves reviewing, summarizing, and preparing medical-legal documents or consultations for informational purposes only. It does not involve direct patient care, clinical assessments, medical diagnoses, or the practice of nursing. These services are performed as a medical-legal consultant and writer, not as a practicing medical provider.

⠀By engaging my services, you acknowledge that:

  • My role is limited to providing non-clinical, informational support for your legal or professional objectives.

  • My services do not constitute nursing practice, legal advice, or medical advice.

  • You will consult a licensed attorney for legal advice and a licensed physician or healthcare provider for medical advice.

⠀For further details, see my Disclaimer (www.elevatedmedlegal.com/disclaimer).

3. Client Responsibilities

When engaging my services, you agree to:

  • Provide Accurate Information: Supply complete, accurate, and up-to-date information (e.g., medical records, case details) necessary for me to perform the services. I am not responsible for errors or omissions resulting from inaccurate or incomplete information.

  • Verify Deliverables: Review and verify the accuracy of any deliverables (e.g., reports, summaries) before using them in legal proceedings, medical evaluations, or other contexts.

  • Comply with Laws: Ensure that any information you share, including protected health information (PHI), complies with applicable laws (e.g., HIPAA) and ethical obligations (e.g., obtaining client consent).

  • Obtain Consent: If you are an attorney or physician sharing patient or client data, confirm that you have obtained necessary consents or authorizations to disclose such data to me.

  • Pay Fees Promptly: Pay all agreed-upon fees for services as outlined in our engagement agreement or invoice (see Section 6).

4. Engagement and Scope of Services

  • Service Agreement: Before commencing work, we will agree on the scope of services, deliverables, timeline, and fees, typically documented in a written or verbal engagement agreement or email confirmation. These ToS supplement any such agreement.

  • Scope Limitations: I will perform only the services explicitly agreed upon. Any additional work requires mutual agreement and may incur additional fees.

  • No Guarantee of Outcomes: I strive to deliver high-quality services but cannot guarantee specific outcomes (e.g., case success, court admissibility) or the satisfaction of all parties. Outcomes depend on factors beyond my control, such as case specifics or third-party decisions.

5. Confidentiality and Data Protection

I am committed to protecting the confidentiality of your personal and sensitive information, including PHI under HIPAA. Please review my Privacy Policy (www.elevatedmedlegal.com/privacy-policy) for details on how I collect, use, store, and safeguard your data. As a registered nurse, I adhere to professional and ethical standards when handling sensitive information. If you are a covered entity under HIPAA (e.g., physician, law firm), you may need to execute a Business Associate Agreement (BAA) with me before sharing PHI. Contact me at brielle@elevatedmedlegal.com to arrange a BAA.

6. Fees and Payment

  • Fees: Fees for services are agreed upon in advance and outlined in the engagement agreement or invoice. Fees may vary based on the complexity, urgency, or scope of the project.

  • Payment Terms: Payment is due within 30 days of receiving an invoice unless otherwise agreed.

  • Refunds: Services are non-refundable once work has commenced, except as agreed in writing or required by law.

7. Intellectual Property

  • Deliverables: Upon full payment, you are granted a non-exclusive, non-transferable license to use the deliverables (e.g., reports, summaries) for the intended purpose (e.g., your legal case or medical evaluation). I retain all other rights to the deliverables, including copyright.

  • Website Content: All content on this website, including text, graphics, and downloadable materials, is the property of Elevated MedLegal Solutions or its licensors and is protected by copyright and intellectual property laws. You may not reproduce, distribute, or modify this content without my prior written consent, except for personal, non-commercial use in connection with my services.

8. Limitation of Liability

To the fullest extent permitted by law, Elevated MedLegal Solutions, and its owner, Brielle LaFortezza, shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from:

  • The use or inability to use this website or my services.

  • Errors, omissions, or inaccuracies in the deliverables or consultations provided.

  • Decisions, actions, or outcomes based on the information or deliverables I provide.

  • Any reliance on my services without consulting a licensed attorney or healthcare provider.

  • Any impact on my nursing license or professional standing, as my services are not performed in the capacity of a practicing nurse.

⠀My total liability for any claim related to my services shall not exceed the fees paid for the specific service giving rise to the claim. You assume full responsibility for how you use the information or deliverables provided.

9. Termination of Services

  • By You: You may terminate my services at any time by providing written notice. You remain responsible for fees for work completed up to the termination date.

  • By Me: I may terminate services if you fail to pay fees, provide necessary information, or comply with these ToS, with written notice. I may also terminate services for any other lawful reason.

  • Effect of Termination: Upon termination, I will deliver any completed work for which you have paid, and you must cease using any incomplete or unpaid deliverables.

10. Indemnification

You agree to indemnify, defend, and hold harmless Elevated MedLegal Solutions and its owner, Brielle LaFortezza, from any claims, losses, or damages (including legal fees) arising from:

  • Your use of this website or my services.

  • Your provision of inaccurate, incomplete, or unauthorized information.

  • Your failure to comply with applicable laws or ethical obligations (e.g., HIPAA, client consent).

  • Any claim that my deliverables, used as provided, infringe third-party rights, provided I have followed your instructions.

11. Third-Party Services

This website and my services may involve third-party services (e.g., Squarespace for website hosting, Google Workspace for communication and storage, payment processors). I am not responsible for the performance, availability, or policies of these third parties. Please review their terms and privacy policies.

12. Dispute Resolution

Any disputes arising from these ToS or my services shall be resolved as follows:

  • Informal Negotiation: You and I agree to first attempt to resolve any dispute through good-faith negotiation. You must notify me of the issue in writing at brielle@elevatedmedlegal.com, and I will respond within 30 days to initiate discussions. This step must be completed before pursuing other remedies.

  • Binding Arbitration: If negotiation fails, any dispute shall be resolved through binding arbitration conducted in the State of New Jersey, under the rules of the American Arbitration Association (AAA). The arbitration shall be conducted by a single arbitrator, and the decision shall be final and binding. Each party will bear its own legal fees, and the parties will equally share the arbitrator’s fees and administrative costs, unless otherwise required by law. Arbitration is confidential, and no information from the proceedings may be disclosed, except as required by law.

  • Small Claims Court: For disputes involving claims of $15,000 or less, either party may pursue resolution in a small claims court in the State of New Jersey, instead of arbitration.

  • Governing Law: These ToS and any disputes are governed by the laws of the State of New Jersey, without regard to its conflict of law principles.

  • Venue: Arbitration or court proceedings (if applicable) shall take place in the State of New Jersey, unless otherwise agreed in writing.

  • No Class Actions: You agree that disputes will be resolved on an individual basis, and you waive any right to participate in a class action, collective action, or representative action against Elevated MedLegal Solutions.

⠀This dispute resolution process is designed to be fair, efficient, and confidential, minimizing disruption to both parties.

13. Changes to These Terms

I may update these ToS to reflect changes in my services or legal requirements. Updates will be posted on this page with a revised “Last Updated” date. I may notify you of significant changes via email or a website notice. Your continued use of the website or services after changes constitutes acceptance of the updated ToS.

14. Contact Me

For questions, concerns, or requests regarding these ToS, please contact me at:

Elevated MedLegal Solutions
brielle@elevatedmedlegal.com

By using this website or engaging my services, you acknowledge that you have read, understood, and agreed to these Terms of Service.