Claims Frequently Asked Questions

Many ophthalmologists are unfamiliar with the claims handling process although statistics show that during a 35 year career only 5% of practicing physicians, including ophthalmologists, will escape the experience of being hit with a claim during that time period.

After handling over 1,000 claims against our insureds, OMIC's claims staff has gained an expertise in defense of ophthalmologists that is unparalleled in the insurance industry. We find that many of the questions our claims staff responds to address similar issues. Below you will find helpful information addressing some of these common questions.

For a detailed discussion of the litigation process, please refer to the Litigation Handbook for the Ophthalmologist. For a detailed discussion of the deposition process, please refer to Deposition Handbook for the Ophthalmologist.

Q. What should I do if I am accused of malpractice?
A. Some do's and don'ts on what to do if you are a defendant in a claim.

Q. What is medical malpractice?
A. A bad result does not necessarily mean a physician will be held liable for medical malpractice. Four legal elements are required for a plaintiff to prove negligence. If the plaintiff is unable to prove any one of these, a cause of action for negligence will fail.

Q. Reporting requirements to the National Practitioner Data Bank.
A. The NPDB is now part of every physician's life. What information on physicians must be reported to the Data Bank and who has access to this data?

Q. What areas of ophthalmology incur the large loss indemnity payments?
A. A review of OMIC's closed claims indicates that large losses can occur in any subspecialty and involve any procedure.