State “apology laws” actually fail to reduce medical malpractice liability

Below is a list of four things you should NEVER, EVER do if you suspect that you are about to be named in a claim. But before we get down into the details of how to handle a claim it is critical to go over your medical malpractice insurance policy to find out how your insurance company will respond to a claim. ACADEMIC GROUP INCIDENT TRIGGER The first thing you want to check is whether the policy has an Incident or Written Demand claim-trigger. Fortunately, physicians that are covered under the Academic Group policy have an incident trigger in their policy which is always preferred in case of a claim. An incident trigger allows a physician to report an incident to the insurance company that has the potential to turn into a claim in the future. With the incident-trigger, you can speak with a claim adviser right away and prepare for your defense, even no claim has been filed against you yet. In addition to the incident trigger, Academic Group also provides its policy holders with a free, 100% confident and secure, phone line (https://www.academicgroup.com/contact-us) for discussing potential claims with New York based claim attorneys. If you currently practice in New York under a written-demand trigger policy, you may want to consider contacting Academic Group for a quote. The written-demand-trigger prevents a physician from reporting a claim until a lawsuit has been filed. Policies with a written-demand-trigger tent to be cheaper and sometimes, in order to save premium, a provider might decide to purchase a policy with a written-demand-trigger. This is not recommended. WORRIED ABOUT A CLAIM? DO’S AND DONT’S If you are given written notice or you suspect you are about to have a claim, avoid the following: 1. Alter or revise the patient's medical records . Every claim-attorney will tell you that even if you see an error in the medical records, you should refrain from making changes or altering. Leave the medical records as is and provide them to your attorney with a separate note identifying the error or mistake. 2. Release medical records or any other patient or practice information without consulting with your medical malpractice insurance company. You pay your premium every year so that if a claim arrises, your insurance company will defend you. Talk to your company before sending out anything patient or practice information. 3. Discuss the claim with anyone other than your attorney or the malpractice insurance company claim-representatives. Claims are stressful and it's natural to want to discuss your situation with friends or colleagues. Don’t do it. Keep the claim details to yourself and only discuss your claim with your assigned attorney or the insurance company claim manager.  4. Reach out to contact the patient or their attorney. If you think reaching out to the patient or their attorney will help you with a claim, think again. If you are still considering, first reach out to your insurance company claim representatives and attorneys and let them know you are thinking of contacting the patient or the patient's representatives. They will advise you on the proper communication channels or perhaps provide you a list of reasons that this might be a bad idea. Confidential legal advice line at NO COST to ACADEMIC GROUP insureds: 1-855-444-0554