The insured or a member of your office staff should telephone the Claim Department at
800 445-1212. We ask that claims and/or incidents be
reported to PMSLIC by telephone to allow the claim staff
an opportunity to obtain additional information and to
ensure timely receipt of your report of a claim.
What type of information should be reported to PMSLIC?
So that we may best protect your interests, it is essential that the Claim Department be notified immediately
in the event of any of the following:
- You receive a Writ of Summons or a Complaint or
other document indicating that you have been sued.
- You receive a claim letter from a patient or a
patient's attorney.
- You become aware of an incident that may
potentially result in a medical malpractice claim in
the future.
Timely reporting is crucial to protecting your legal
rights.
Physicians and/or their office staffs are encouraged to contact us
with questions or concerns regarding the reporting of an
incident or claim.
Do I need to notify an attorney?
No. Upon receiving notice from you, PMSLIC will
assign defense counsel to represent your interests in a
covered claim.
Can I Select My Own Attorney?
PMSLIC will assign the defense of your case to an
approved attorney with experience in medical malpractice
litigation. You will be provided an opportunity to
discuss selection of your defense counsel with PMSLIC's
claim staff when you report your claim.
You have the right to retain counsel to represent
your personal interests at any time throughout the
litigation process at your own expense. Both PMSLIC and
defense counsel will cooperate fully with your personal
counsel in representing your interests.
What is involved in the claim and litigation process?
Documents filed with the court are known as
pleadings. A Writ of Summons or a Complaint is an
initial pleading. A Writ of Summons is usually a one-page document notifying you of a lawsuit. A Complaint
provides more detail and generally sets forth the
factual background of the claim and the allegations of
negligence as to the care provided. Either document may
serve as notification that you are being sued.
Under current Pennsylvania law, a "Certificate of Merit" must be
filed within 60 days of the filing of the Complaint. The
Certificate of Merit is a verification that the
plaintiff's attorney has had the case reviewed by the
appropriate licensed professional who has determined
that a potentially valid malpractice claim exists. If a
Certificate of Merit is not filed in a timely manner,
the case could be dismissed.
When a suit is filed, PMSLIC will assign defense counsel
to represent your interests in the case. One of the first actions taken in the
litigation process is to prepare a response to the
initial pleadings.
Your defense counsel will request your assistance and
input in preparing a response.
After the Complaint has been answered, the discovery
process begins. The purpose of discovery is to permit
both sides to proceed to trial with full knowledge of
the facts of the case and to provide a level playing
field for all parties named in the Complaint.
The discovery process is conducted utilizing a number
of tools. Generally, the primary tools are
interrogatories, requests for production of documents,
requests for admissions, depositions, independent
medical examinations and the exchange of expert reports.
After the discovery process is complete, the case is then ready for disposition, either by way of settlement, dismissal or trial.
What type of support will PMSLIC provide during the litigation process?
- Experienced medical malpractice claim
representative to handle your case.
- Your defense counsel and PMSLIC claim
representative are available to you by phone or
e-mail.
- The claim representative managing your case will
schedule a meeting with you upon receiving notice of
your claim.
- Additional meetings may be scheduled at other
pertinent times during the litigation process, for
example, at the time of deposition or prior to
trial.
- We will mail you a litigation support package
within a few days after we receive notice of your
claim. Your PMSLIC claim representative and defense
counsel will review the contents of the package with
you at the initial meeting.
- PMSLIC offers confidential counseling service to
insureds to help them deal with the stress of
litigation. Information regarding the service is
included in the litigation support package.
- Your PMSLIC claim representative will provide
frequent written
updates on the current status of your case and will be available to answer your
questions/concerns via telephone and/or e-mail.
- In the event your case proceeds to trial, your claim
representative will be in attendance to provide
support and answer questions.
- PMSLIC also offers phone and/or face-to-face contact
with its physician board members, if desired.
View PMSLIC's Litigation Support for Physicians
What if I want to defend a case and PMSLIC wants to settle?
It's important to understand that PMSLIC will not
undertake any negotiations to settle on your behalf
without your written consent.
How can I obtain a claim history?
Written authorization dated within one year is required
by you in order to release claim history information. If
you are currently insured with PMSLIC you may request that
a claim history be released directly to you. The information is provided at no cost. PMSLIC also provides claim histories to
previous insureds or third parties (hospitals, managed care entities, etc.) for a processing fee of $20.
Sorry, we cannot accept credit cards. Payment should be made by
check payable to PMSLIC. Please contact the Claim Department
for assistance.
More information
When is PMSLIC required to report to the National Practitioner Data Bank (NPDB)?
If there is a written request for compensation and a
settlement or judgment is paid by PMSLIC on your behalf, we are required by
federal law to make a report to the NPDB within 30
days of payment.
Additional information on the NPDB is available online below.
http://www.npdb-hipdb.hrsa.gov/
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