You Just Learned a Malpractice Claim Has Been Made Against You

You have just been served with a letter demanding payment because a patient thinks you have injured them. What do you do? Equally important - what don't you do?

Posted in Policy Features on Friday, March 23, 2018

Now What?

Do:

• Call the NCMIC claims department.  From the first step to the last, they are a comforting and knowledgeable resource to walk you through the process of a malpractice claim.
• Secure the original patient chart, including x-rays.  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 clinical 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 patients and maintain your reputation.

NCMIC claims representatives have decades of experience working with chiropractic malpractice claims.  The number for the claims department is 800-242-4052.