Receiving a notice of claim can be stressful for any physician. It is natural to worry about how the allegation could affect your career and future. Acting quickly is essential when you receive a notice of claim or a notice of intent to file a medical malpractice lawsuit.
The steps you take initially can shape your response to the allegation and help protect your interests.
What to do after receiving a notice of claim
Under state law, strict statutory deadlines apply once a notice of claim is served. If you are a physician in Buffalo facing an alleged malpractice claim, here are three steps you should take to protect your legal standing:
- Review the notice of claim: Read the notice of claim carefully. Make sure you understand the patient’s allegations, the date and location of the incident and the nature of the alleged negligence. This can help you determine the proper response.
- Notify your malpractice insurer: You should notify your malpractice insurer immediately after a patient files a complaint. Many malpractice policies require prompt reporting. Delaying notification could affect your coverage or complicate your defense.
- Preserve medical records: Preserve all medical records related to the patient’s care, including treatment notes, test results and other relevant documentation. Do not alter records after receiving the notice of claim,oing so could raise questions during the investigation.
Avoid talking about the claim with other patients, friends or people on social media. Anything you say could be used against you during the legal process. You may need to explain the patient’s treatment and your medical decision to your professional liability insurer and legal adviser so they can better understand the circumstances of the case and help defend you.
Respond promptly and carefully
A notice of claim is an unproven allegation and does not mean you are liable for medical malpractice. Taking prompt action, preserving important documents and responding appropriately can help protect your legal rights. Work closely with your malpractice insurer and legal counsel. Provide them with complete and accurate information so that they can effectively assist you in building a strong response to the claim.
