Philosophy
Our philosophy is to vigorously defend non-meritorious claims against our insureds. In cases where merit is demonstrated, we work quickly and proactively to resolve claims. Effectively managing your claim is our ultimate test of service to you. It is our objective to serve our policyholders with a standard of excellence while acting in good faith towards claimants.
Claims Reporting
We encourage our insureds to report any incident or occurrence that may result in a formal claim. Examples of such situations include:
- A patient or family expressing dissatisfaction with care
- A dispute over billing
- A verbal threat to take legal action
- An unexpected adverse complication or outcome
- A request for the patient's medical record
- A call from an attorney who wishes to talk with you "informally"
- A request or subpoena for your deposition in a medical malpractice lawsuit against another health care provider, or lawsuit against a third party in which you treated the patient who sustained an unexpected complication or adverse outcome, secondary to your treatment.
In summary, report any incident with which you are uncomfortable or which you suspect may result in a future claim.
How to Report a Claim
All claims to the Claim Department of MedAmerica Mutual must be reported in writing. Failure to report a claim within the mandatory reporting period may jeopardize your coverage or possibly prejudice a claim against you. Although we encourage you to telephone the MedAmerica Mutual Claims Department to discuss a claim or a potential claim and the sequence of events that occurred, MedAmerica Mutual does not consider the claim to have been made until it receives written notice with the following information:
- Date of incident
- Medical Center where incident occurred
- Patient or claimant's name
- Patient's medical record and/or narrative
You may report by filling in a claim report sheet provided by MedAmerica Mutual and forwarding a copy of the patient's medical record, or by providing a written narrative, detailing your care of the patient, and forwarding a copy of the medical record.
Summons & Complaint
If you have been served with a Summons & Complaint, either by mail or by process server, you should contact MedAmerica Mutual immediately with information concerning the suit. If you receive the Summons in the mail, do not sign the back of the form as requested. Contact MedAmerica Mutual who will advise you. If you are uncertain what to report or the nature of legal documents you may have received, call MedAmerica Mutual.
To report a potential incident, claim, or suit, you may contact MedAmerica Mutual and/or send your written report to:
Use of Defense Counsel
Obtaining the most experienced defense counsel is of utmost importance to us. A panel of law firms with expertise in medical professional liability litigation is selected and approved by MedAmerica Mutual. Within each law firm we select individuals who will be designated and assigned our cases. Each attorney must practice within the state and within the venue, or have experience in the venue where the litigation is filed.
Litigation Stress & Education Resources
The Physician Litigation Stress Resource Center is a not-for-profit website that provides physicians and other healthcare professionals with the resources they need to understand and cope with the personal and professional stress created by involvement in a medical malpractice case or an adverse outcome that may result in litigation. This site directs practitioners to articles, books, and websites addressing the process of litigation; suggests strategies for coping with the stress of litigation; and lists resources that may provide support for physicians and other healthcare practitioners throughout the ordeal of litigation. http://www.physicianlitigationstress.org/
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