Your policy requires you to notify LSA as soon as reasonably possible if you receive any of the following:
- A demand for compensation — any written communication from or on behalf of a patient that seeks monetary payment or other compensation because of a perceived error in treatment or an unexpected outcome.
- A notice of claim letter.
- A lawsuit — will contain a citation (which informs you of a lawsuit) and a petition (which lists the plaintiff versus the defendant). A lawsuit will also include the allegations made against you. Once you are served with a citation and petition, LSA has a limited time to respond by retaining a defense attorney to file an answer on your behalf.
In the event of a claim, it is essential that you contact the Claims Operations Department as soon as possible. In many cases, we will have limited time to investigate and evaluate the claim. Any delay in reporting could compromise your defense.
Although not considered "claims" that trigger coverage under your policy, you may want to report these situations and seek advice to possibly prevent the matter from evolving into a future claim:
- Unexpected outcome — any complication or failure of treatment in which the patient or a patient’s family member may have expressed disappointment with the outcome or if you suspect that a claim may be asserted in the future.
- Records request — a request for a patient’s medical records may come from the patient, the patient’s spouse, an attorney, a record service, or from a court reporting service in the form of a subpoena. Requests for records should include an authorization signed by the patient or by the patient’s legal representative. It is best to respond to a request as soon as possible. If you suspect that the records request is for potential or ongoing litigation, or if you question the validity of the records request, you should contact LSA for advice.
- Request for deposition — a deposition is testimony given under oath before a court reporter. You may be served a subpoena for oral deposition, or an attorney may contact you directly. If you are asked to give testimony regarding a patient, particularly if that patient is suing another health care professional, please contact the Claims Operations Department immediately. Depositions can potentially become claims and you should be properly represented at any such proceeding.
Report the claim to LSA by calling 800-580-8658. Please allow about 20 minutes for the report and have whatever notice you received available for reference. It may also be helpful to have the patient’s medical record available.
Fax to 512-328-8067 or send by overnight mail a copy of the notice of claim letter or the lawsuit. Do not fax your medical records. Note that if you are served with a lawsuit, your LSA policy requires that all such lawsuit papers be delivered to LSA within 10 days of service or receipt of the lawsuit papers, and that you must obtain a delivery receipt from LSA. "Delivery of lawsuit papers means sending by certified mail with return receipt requested, personal delivery, messenger, or electronic transmission. Proof of delivery of the lawsuit papers, however, may only be established by the obtaining a written receipt of such delivery from the Corporation."
Gather a complete and unaltered copy of all pertinent medical records, including a copy of the hospital chart and any prior or subsequent treatment records. Mail a copy of these records to LSA as soon as possible.
Once a notice of claim is reported, the loss is assigned to a claim supervisor and coverage is entered and verified. Once the claim file is set up in our system, the following occurs:
- A letter is sent to the policyholder requesting a copy of all medical records regarding the physician’s care of this patient.
- A response letter is sent to the plaintiff’s attorney or pro-se plaintiff requesting specific allegations, damage information, and a medical authorization that when signed by the patient, allows us to request the pertinent medical records;
- If a lawsuit has already been filed, then we dispense with the response letter to the plaintiff’s attorney. We assign a defense attorney to answer the lawsuit and defend the physician. The policyholder receives a letter from the claim supervisor advising of the attorney assignment.
The average time to complete this from the day the loss is called in is about 5 to 10 working days.
Do not discuss the case with anyone except an LSA claims representative or the attorney assigned to defend you.
- Maintain your original medical records in a secure place for future reference. Do not make any additions, deletions, or any other type of alteration to the medical records. Secure any other pertinent information or items in your possession, such as billing records, x-rays, hospital charts, etc.
- All correspondence to and from LSA and your assigned attorney should be kept in a separate and secure file. These items should not be co- mingled with the original medical chart on the patient. Do not release these materials to anyone unless cleared through your assigned attorney or the LSA Claims Operations Department.
- The LSA claims representative assigned to your case will keep you fully informed as the case proceeds, both directly and through your assigned attorney. If you have questions, do not hesitate to call your claim supervisor.