You have learned of a malpractice claim against you. Now what?

posted by Melissa Knutson on Monday, November 26, 2018

Claim being made against you

You have just been served with notice a malpractice claim has been filed against you.  What do you do?  Equally important, what don’t you do?

Do:

  • Call your claims department.  From the first step to the last, they are a knowledgeable resource to walk you through the process of a malpractice claim.  
  • Secure the original file, including any related documents.  Keep them in a protected location.   
  • Start a new file for all correspondence relating to the claim. Keep this separate from the patient’s records. The new file should include:
    • Date, time and place of the alleged incident 
    • Clinical records
    • Any information you’ve received about the nature of the claim

Don’t:

  • Change or alter the records in any way.  If you remember something about the patient that is not in the record, note it separately, put a dated written copy of your notes in the new file, and provide your thoughts to your claims representative or defense attorney.
  • Talk about the patient or claim with anyone other than your claims representative and defense attorney.
  • Try to contact the claimant.
  • Conduct any investigation of the patient on your own.  Your defense team will take appropriate measures to investigate the claim.

A malpractice allegation is stressful and upsetting.  Rely on your insurance and legal team to get you through the process so you can continue taking care of your clients and maintain your reputation.

PSIC claims representatives have decades of experience working with malpractice claims.  We have specific programs for physicians, dentists and attorneys. Contact us to learn how we can help you.

Blog Author

Melissa Knutson

Vice President of Professional Liability Programs

Melissa Knutson is responsible for the sales, operations and risk management functions for the Pr...

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