How to Report a Claim

Print Version

We hope you find this brief guide to the litigation process useful. The better you understand what is expected of you, the better you will be able to help us protect your interest and ultimately your professional reputation.

Click the question to view the answer.
Contract All | Expand All
What Should I Do in Case of an Incident, Claim or Suit?
  • Call the Millennium Claim office at (610) 848-7300 or call your broker to report the incident, claim or suit.
  • Provide Millennium Insurance Co. with a copy of your office chart as well as any other records to which you may have access. Please maintain the original office records at your office in a safe location.
  • Cooperate with the Millennium medical claim representative and defense attorney assigned to handle your case.
What is a Claim?
Millennium separates claims according to Incidents, Claims & Suits and the status may change as the case develops:

Status 1: Incident - The insured has reported an incident that does not yet involve allegations of negligence or claims for damages. These incidents may include any of the following:
  • A record request from an attorney who the insured believes may file a claim or lawsuit.
  • A direct request for records from a patient who the insured believes may file a claim or lawsuit.
  • A subpoena for records of a potential claimant.
  • A subpoena for deposition about treatment rendered to a potential claimant. Physicians are frequently asked to testify as fact witnesses in bodily injury cases. In those instances where the facts & treatment are straightforward there is usually no need to contact us. However, in those instances where the treatment course is beset by complications you may wish to contact Millennium to protect your interest.
  • An insured reports an incident that does not yet involve allegations of negligence or claims for damages, but the circumstances of the incident suggests a potential cause of action against the insured. Millennium may elect to assign a defense attorney in this instance if the circumstances warrant it.

Status 2: Claim - The claimant or the claimant’s attorney has made an oral or written claim (demand) for damages. In most instances you will receive a letter from the patient or their attorney demanding compensation.

The Millennium claims representative will immediately contact the claimant or his attorney to determine the reason for the claim and the damages they seek. Pertinent medical records will be obtained and the claim will be investigated. If we determine that there is little or no merit to the claim it will be denied. In the event that we determine that the claim has merit, we will work closely with you to resolve the matter to your satisfaction.

Status 3: Suit - A lawsuit has been filed against the insured and has been delivered or mailed to you at your office, home or the hospital where you work. Upon receipt of a summons and complaint, please note the time and the circumstances in which it was delivered to you and then contact us promptly. In rare instances, improper service can result in a dismissal of a case.

The Millennium Insurance Company claims representative and your appointed defense counsel will immediately begin to work closely with you to develop your defense. They will obtain all pertinent medical records concerning the plaintiff and will contact the plaintiff’s attorney to learn the allegations and the damages they claim.

Defense counsel begins the discovery process by formulating a special set of written questions regarding the case, called “interrogatories," that are sent to the plaintiff’s attorney to be answered by the plaintiff. The attorney for the plaintiff will respond with a different set of questions designed to elicit the facts behind your treatment, your training, and the content and quality of the informed consent your gave to the plaintiff. Your defense counsel will assist you in completing these questions in order to avoid misstatements that could adversely affect you at a deposition or trial.

The discovery process will continue with the exchange of expert reports written on behalf of the plaintiff and defendant. These reports allege or defend issues of negligence or deviation from standards of care.

The discovery process continues with the depositions of the parties involved and fact witnesses. Lawyers from both sides will ask questions and you will be under oath and in the presence of a court reporter. You will be properly prepared for your deposition by your defense counsel and you are welcome to attend the depositions of the other parties if you wish.

Generally speaking, the discovery process ends after the depositions are completed. At this point the case is evaluated by the defense counsel and claims representative to determine if the case should be defended. If a dismissal can based on specific legal issues appropriate motions will be made. If a settlement should be attempted, the issue will be discussed with you.

In the event of trial, the defense attorney will prepare you thoroughly. Expect delays. It is not uncommon to receive a trial notice only to have the court set a new date. This is unfortunate, but can not be avoided. A trial can last several days, depending on the complexity and court schedule, and the attendance of the insured is absolutely necessary.

Statistics tell us that physicians win most trials. However, some court venues are more liberal than others and where your trial takes place may impact on the outcome. The right of appeal is available to both parties in the event of an adverse verdict.

Should there be grounds for an appeal, an appellate court will review the trial transcript and hear arguments from defense and plaintiff’s counsel. A determination will then be made to overturn, reduce, increase or affirm the jury’s verdict.

What Not to Do
  • Do not discuss the case with anyone except your assigned defense attorney or a representative of Millennium.
  • Do not admit responsibility. It is normal and appropriate to empathize with your patient when there is less than an optimal result from medical treatment.
  • Do not agree to pay anything. Your offer may be heartfelt but may be miss-construed as an admission of liability.
  • Do not talk to the media. Or, if they persist in questioning you, simply offer a "no comment."
  • DO NOT ALTER YOUR RECORDS, either by addition or deletion. Medical records are a critical part of a professional liability claim and, as such, may be used as evidence during this litigation.
  • DO NOT SHOW OR SURRENDER your medical records to anyone without first consulting your defense attorney.

Appendix - Glossary of Terms

 

 


 
 
***