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Claims Management: What to Do

In the event of a formal claim or precautionary incident, you and your facility need to be protected. Please take the following steps whenever you become aware of a claim or incident that may lead to a claim.

  1. Advise the employees and/or medical staff involved in the care and treatment of the patient (including any staff who inspected a site where a patient or visitor allegedly fell) not to discuss the incident with anyone other than a representative of our office.
  2. Instruct employees to notify you immediately if they are approached by anyone requesting information about the incident.
  3. Take steps to secure the medical records and/or any diagnostic films and equipment involved in the incident as any modifications to or loss of these items could adversely affect future defense efforts.
  4. Designate one employee to interact with the patient (or the patient’s family if the patient is unable to act on his or her own behalf) and ensure that this representative does not make promises or statements that could adversely affect the facility’s or provider’s future defense.
  5. Contact our office before responding to any oral or written inquiries or legal documents that you receive.
  6. Keep all correspondence from our office in a confidential legal file—separate from patient medical records—taking steps to ensure that the file is never released to anyone without the express permission of our office or defense attorneys.

 
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