
Claim Checklist
Malpractice litigation can be stressful and we are here to help you. If you have received a legal demand of any kind, or an incident has occurred that you believe could result in litigation in the future, call us immediately. We must discuss the details of the matter before we can provide you with complete and appropriate advice. Other general rules to follow:
Stay calm
Keep your sense of perspective. Most malpractice claims are dismissed and/or settled without a payment to the plaintiff.
Write down what happened
We would like a narrative summary of your care and treatment of the patient. Narrative should be titled “Prepared in Anticipation of Litigation.” Create a legal file for this (and other related documents) and keep separate from medical records.
Call us immediately
Call OMIC without delay. We are here to help you. Determine your claim representative here.
Do not alter records
You must maintain the integrity of the records in order to successfully defend your medical care. Do not under any circumstances alter, amplify, or otherwise change your medical records.
Protect records
Keep the original file in a safe and secure location. Do not create an alternate set of records.
Keep this between us
Please do not discuss the incident with anyone except OMIC, the legal counsel we assign to you, or others who have been cleared by OMIC or your legal counsel.
Refer attorneys to your claims rep
Do not speak with any attorney representing the patient who attempts to contact you. Refer them to your OMIC claims representative or attorney.
Stick to medical facts
Limit conversations with other medical professionals to the medical facts concerning the patient’s care and treatment. Do not speak about any medical-legal issues.
Leave the work to us
Do not investigate or try to settle the claim on your own.
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Claims Q&A
-- Claim Process (13)
What is the statute of limitations in my state?
Will my claim be reported to the National Practitioner Data Bank?
Will the company settle a claim without my consent?
What is OMIC's position on settling cases?
Can I choose my own legal counsel?
Who will be my legal counsel in the event of a claim?
What happens to the claim after a file is created?
What general advice will you give if a claim is reported against me?
What happens to the claim once I report it?
What should I do if I receive a request for medical records from an attorney?
-- Coverage Issues (9)
Will it jeopardize my coverage if I apologize to my patient for a bad outcome or medical error?
Will OMIC reimburse me for lost wages as a result of court appearances?
Will my OMIC policy cover me for claims arising from testimony I give as an expert witness?
Does OMIC participate in state Insurance Guaranty Funds?
Is OMIC's ability to pay claims limited by the amount of capital it has?
If I report a claim to OMIC and subsequently cancel my policy, will OMIC cover the claim?
If I have a claim, will it increase my premium or allow you to cancel my coverage?
-- Pre-claim Advice (1)
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Policy Issues Articles for Claims
What will OMIC pay for if I am sued?
National Practitioner Data Bank reporting
Incompetency: Reporting and Coverage
Reporting Malpractice Claims to the Government
Medical Record Corrections and Alterations
Apologies and Insurance Coverage
The Impact of a Claim on Your Policy