Reporting a Claim
How to Report a Malpractice Claim or a Potential Claim
Call—don't email or fax. Leave us the best phone number to reach you directly. We respect your privacy and the sensitivity of the issue. We want to ensure strict confidentiality when we communicate with you.
Time is of the Essence
Remember: lawsuits have short 15-day deadlines that require prompt response by an attorney. It is important that your office staff knows this.
To protect your interests, call a LAMMICO Claim Department representative promptly so we can evaluate every facet of the case—and ultimately provide you with the best defense.
As a policyholder, you are required to notify the LAMMICO Claim Department if a claim is made by:
Malpractice lawsuits are typically served by the Sheriff's Office. You must respond within 15 days or risk a default judgment.
Plaintiff's Attorney Contact
Contact from an attorney regarding any untoward event, even if it appears to be informal, should be reported immediately. Subpoenas or requests for medical records from attorneys involving patients for which you believe a malpractice claim may be filed should be reported.
Patient's Compensation Fund (PCF) Notice
In Louisiana, this kind of notice indicates that a request for a Medical Review Panel has been filed. This is typically presented by certified mail.
Your malpractice insurance coverage is triggered when you report an incident to LAMMICO. Protect yourself by calling us immediately when:
- Subpoenas or requests for medical records arrive from attorneys involving patients for which you believe a malpractice claim may be filed
A diagnostic or therapeutic event results in injury or an unanticipated outcome
You receive verbal or written notification of a patient complaint from the state board of medical examiners, patient’s healthcare insurer, or other entity
A patient expresses unhappiness related to his or her care
Hostile patients or family members threaten to sue
Patients or family members demand that bills be forgiven
Why Report Early?
When you give notice to LAMMICO that an incident has occurred, you ensure that your coverage is in effect at the time the incident is reported. Incidents that do not become a claim will not be reflected on a credentialing claims history, nor should it affect your insurability.
Obtain advice on how to manage the situation. It could prevent a formal claim from being filed. If necessary, LAMMICO can investigate the matter while it is still fresh in everyone’s minds and witnesses are available.
Malpractice Claim Management
When you give notice to LAMMICO that an incident has occurred, you can obtain advice on how to manage the situation from a LAMMICO Claim Representative. It could prevent a formal claim from being filed.
If a malpractice claim is filed against you, you will participate in the process along with your defense team, comprised of your claim representative and your defense attorney. As a policyholder with LAMMICO, you may take part in the selection of a defense attorney from a list of approved counsel. LAMMICO has the responsibility, subject to the terms of the insurance policy, for payment of any settlement or judgment on your behalf, the insured, up to the policy limit. The company also has the responsibility of investigating and defending the claim and you can be assured that no medical professional liability claim against you will be settled without your consent, subject to the terms of your policy.