Claims Handling

When to Report a Claim

Formal Notification

Depending on the state in which you live, there are several ways in which you could be notified of a medical malpractice claim or lawsuit.

Promptly contact a NORCAL claims representative if you receive any of the following:

California » Summons and Complaint » 90-day notice » Subpoena, request for records or request for deposition » Demand Letter » Communication from the MBC or privileging body Alaska » Summons and Complaint » Demand letter » Subpoena for records or deposition Rhode Island » Communication from the Board of Medical Licensure and Discipline » Summons and Complaint » Demand letter

Early Reporting of Incidents

There are several key indicators that can signal future legal action because of a procedural complication or patient dissatisfaction.

Early reporting of potential claims, or "incidents," can make all the difference in NORCAL’s ability to evaluate and defend actions initiated against you. NORCAL features a "good faith" early reporting policy, so there will be no adverse impact on the insurability of your practice.

Promptly contact a NORCAL claims representative if you experience any of the following:

Complication
Any unanticipated bad result that you believe could precipitate a malpractice claim.

Dissatisfaction
A direct or indirect expression of displeasure by either a patient or a patient’s family member about the care rendered.

Notification of A Patient Complaint
Any written or verbal notice from your local medical society or other organization concerning a patient report or complaint about your treatment.

Request for Medical Records
A written or verbal request by a patient’s attorney, copy service or the patient, even on an "informal" basis. Any request to release records must be accompanied by a valid written Authorization, signed by the patient or legal custodian.

Medical-Legal Situation
Any situation in which a potential claim could be avoided with your appropriate action or response.

Physicians Administrative Defense (PAD) Reimbursement Coverage

Promptly contact a NORCAL claims representative if you receive any of the following:

• Written notice of an administrative proceeding involving credentialing, privileges, managed care, licensure or other state or federal reviews.
• Written receipt of notification of an employment-related civil action.

Read highlights of our Physicians Administrative Defense Coverage in the Coverages section.

The Claims Process:

» When to Report     » The Claims Team     » Discovery     » Evaluation and Resolution     » The Trial

Disclaimer: The information presented here is not intended to replace case-specific advice from either your legal counsel or NORCAL Mutual Insurance Company.