Steps To Take After Receiving a Malpractice Claim

No healthcare professional anticipates the daunting arrival of a malpractice claim, yet these claims are not uncommon in an industry driven by extraordinary stakes and outcomes. Receiving such a claim is a pivotal moment that can shape the future of a medical practice or a healthcare provider’s career. Below, we detail the steps healthcare professionals must take after receiving a malpractice claim, from acknowledgment to resolution.

Acknowledge and Give Notice

The immediate aftermath of a malpractice claim can be overwhelming. First, acknowledge the receipt of the claim within the legal timeframe, which is usually very short. Timely acknowledgment complies with the law and instills a professional tone that speaks volumes. The healthcare professional must also notify their malpractice insurance carrier and forward all relevant papers—any delay in notification may jeopardize coverage.

Consult With Legal Counsel

In malpractice litigation, legal representation is the lynchpin determining the case’s outcome. After giving notice, the insurance carrier will assign the insured a legal team, and the defense will begin. Your legal team will get started on your defense, honoring any discovery requests that may be issued jointly with the petition and must be fulfilled promptly.

Internal Investigation

Conducting a thorough internal investigation is indispensable. Collect and preserve all the records related to the claim incident. This evidence will be the foundation for your defense strategy. Work with your legal counsel to ensure this process complies with discovery requests and legal obligations. Additionally, examine the events leading to the claim incident and identify protocols that could be facilitated.

Communication Strategy

Communication can be a double-edged sword in medical malpractice. Crafting a careful and professional response to the claim is crucial. Establish internal communication protocols; confidentiality, accuracy, and unity of messaging are vital. Additionally, transparency with the claimant must be maintained within legal constraints. Outwardly, strategic communication can prevent speculation and rumor, preserving your reputation.

Resolution and Follow-Up

Once the logistics of the claim are in motion, the last step to take after receiving a malpractice claim is to engage the claimant in negotiation if feasible and appropriate. A prompt and fair resolution can lessen the emotional and financial burden. If necessary, be open to adaptations to practices by bolstering training or implementing new technology that can prevent future claims.

This thorough post-claim process helps manage your immediate legal requirements and enhances your medical practice. It’s a testament to your commitment to compliance, continuous improvement, and patient safety.

Stay Protected From Malpractice Claims With Baxter & Associates

In times like these, having a comprehensive malpractice insurance policy from a trusted professional like Baxter & Associates can provide every healthcare professional the stability and protection needed. Whether you’re a physician associate, chiropractor, nurse practitioner, or other healthcare professional, we can help. Baxter & Associates is one of the leading chiropractic malpractice insurance agencies available and can help healthcare professionals of all kinds find the malpractice insurance they need. Contact Baxter & Associates and get a quote for a medical malpractice insurance policy today.