The following information contains answers to frequently asked questions related to claims. If you need additional assistance, or your specific question does not appear, please contact us.
After reporting a claim, please note the following precautions:
- Do not ignore any legal papers you receive pertaining to your lawsuit
- Forward all materials to MEDICAL MUTUAL immediately
- Do not respond to any legal papers before contacting MEDICAL MUTUAL
- Do not discuss the circumstances surrounding the incident with anyone other than the attorney representing you or a MEDICAL MUTUAL Claims Representative
- Do not make any additions or deletions to the patient's records
- Do not attempt to contact the patient filing the lawsuit in any way
- Do not review any medical literature specific to alleged or potential claim
You will be contacted to schedule an initial interview with your attorney and/or your MEDICAL MUTUAL Claims Representative. During this meeting you will be advised what to expect from the litigation process and you will discuss your case. Please bring with you the original medical chart and a copy of your CV.
MEDICAL MUTUAL works only with top defense attorneys, and our Claims Department keeps a list of law firms throughout Maryland that they have approved to defend our Insureds. These firms specialize in the advocacy of Physicians, and we monitor their continued performance to ensure they follow our guidelines and defense philosophy. We will make every effort to work with you to provide counsel with which you feel comfortable.
Information is reported to the NPDB only when MEDICAL MUTUAL makes a payment on an Insured’s behalf.
Your Claims History will be mailed or faxed to the current address on your policy, unless you request otherwise. It will also be mailed directly to the requesting institution. You can request your Claims History from the secure section of this web site – you will be able to specify what facility you want your history sent to. Your may also submit a written request, which must include your name, license number, policy number (if not insured under your own name), the specific years that the history should address, and your signature. You may fax a written request to 410-771-0177.
There are several ways to contact MEDICAL MUTUAL to report a claim, lawsuit or incident:
- Telephone: Call us at (800) 492-0193 and inform the operator that you are an Insured reporting a new claim
- Online: Log in to the secure area of the site and select "Report a Claim."
- Fax: Fax any documents you receive to (443) 689-0263
Contact the MEDICAL MUTUAL Claims Department. Do not attend the deposition without consulting MEDICAL MUTUAL.
As a general rule, you must release a copy of the records upon receipt of an authorization signed by the patient. You should NOT prepare new or additional chronologies or reports, even if requested. If you have any questions about releasing your records or suspect that your treatment could lead to a claim or suit for medical negligence, you should call the MEDICAL MUTUAL Claims Department prior to further action.
The MEDICAL MUTUAL Claims Department will ask you to provide some necessary preliminary information about the claim. This information will include:
- The patient's basic information (name, age, gender, marital status, address and employment status
- Names of other Physicians involved in the patient's care
- Names of any hospitals, clinics, etc. involved in the patient's care
- A chronology of the patient's treatment, including specific dates of treatment
- Any other information you have regarding the nature of the claim
In general, three elements must be present to prove a claim of medical malpractice:
- Negligence - define as a departure from the accepted standard of care
- Causation - there must be a causal link between the negligence of the defendant and the damages suffered by the claimant
- Damages - which must be suffered by the claimant(s)
IMMEDIATELY notify MEDICAL MUTUAL if: You receive a notice of a lawsuit You receive a claim letter from an attorney You receive a request to meet with an attorney regarding your care of a patient You have an incident that may lead to or trigger a medical negligence claim Swift reporting to MEDICAL MUTUAL is crucial in these instances so that we are able to respond within the allotted time frame.
MEDICAL MUTUAL will not settle a case without your knowledge. Our claims team will make a decision as to the best legal response to your claim after a thorough examination of a large number of factors, including all applicable laws and relevant medical standard of care issues. Maryland law does not allow MEDICAL MUTUAL or any insurance company to include a Policyholder “consent to settle” clause in medical professional liability insurance policies. However, you are an active participant in the claim process and your opinions and preferences will be fully considered.
No. Simply reporting an incident for which there has been no request for compensation has no impact on your premium or policy.