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"Prompt notice" and malpractice coverage

Discussion in 'Anesthesiology' started by caligas, Oct 3, 2017.

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  1. caligas

    caligas ASA Member 5+ Year Member

    954
    681
    Aug 17, 2012
    This is something I came across while reading about Anesthesia risk management.

    Anybody familiar with the concept that physicians are required to give "prompt notice" to their malpractice insurer of ANY event that has potential for malpractice liability? For example, any death. Theoretically, failing to do so could jepordize coverage.

    It got my attention as I do trauma and hearts and have had the rare bad outcome but never felt the need to call my carrier.
     
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  3. twoliter

    twoliter ASA Member 2+ Year Member

    169
    92
    Apr 28, 2013
    This is from my insurance companies website:
    "As a policyholder, you are required to notify the LAMMICO Claim Department if a claim is made by:
    • Lawsuit
      • Malpractice lawsuits are typically served by the Sheriff's Office. You must respond within 15 days or risk a default judgment.
    • Plaintiff's Attorney Contact
      • Contact from an attorney regarding any untoward event, even if it appears to be informal, should be reported immediately. Subpoenas or requests for medical records from attorneys involving patients for which you believe a malpractice claim may be filed.
    • Patient's Compensation Fund (PCF) Notice
      • In Louisiana, this kind of notice indicates that a request for a Medical Review Panel has been filed. This is typically presented by certified mail.
    Your malpractice insurance coverage goes into effect at the time you report an incident to LAMMICO. Protect yourself by calling us immediately when:
    • Subpoenas or requests for medical records arrive from attorneys involving patients for which you believe a malpractice claim may be filed
    • A diagnostic or therapeutic event results in injury or an unanticipated outcome
    • You receive verbal or written notification of a patient complaint from the state board of medical examiners, patient’s healthcare insurer, or other entity
    • A patient expresses unhappiness related to his or her care
    • Hostile patients or family members threaten to sue
    • Patients or family members demand that bills be forgiven"
      Claim | LAMMICO
    It sounds like, at least with this company, you aren't required to notify them unless you're being sued or the threat of a suit is high. But it may be in your best interest to give the insurance company a heads up.
     
    caligas likes this.

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