Incident and claim reporting

The early reporting of an incident or claim provides you with the following benefits:

• You can more easily recall details.

• You will receive professional advice on how to maintain rapport with the client and reduce further liability exposure.

• Because your policy is a Claims-Made policy, you are not covered for claims made after you cancel your policy, even for incidents occurring during your policy term, unless you either purchase a tail or reported the incident while your policy was still active. So it is very much in your interest to report all incidents.

What is an incident? What is a claim?

An incident is any untoward or unexpected event resulting in injury, or having a serious potential for injury or damages.

Claims are of two basic types: formal and informal.  A formal claim results when you are served with a legal document or receive a letter from a claimant or attorney.  A request for medical records by your patient or an attorney should be regarded as a formal claim unless the request is unrelated to the care you provided.  An informal claim is usually presented verbally, the most common being a threat of litigation or a request to waive fees or service billings.

What Must Be Reported

Reportable events include, but are not limited to, the following, when the practitioner's actions or inactions may be construed to contributing to a patients:

• Death

• Damage or impairment of the nervous system

• Damage to any organ or adjacent tissue 

•  Loss or impairment of any of the five senses

• Loss, fracture, or impairment of any appendage or digit

• Burns

• Birth related injuries

• Adverse complications from medication administration or prescription

• Unexpected complications

• Any matter reported to the Department of Health pursuant to WAC 246-329-120 Reporting of Adverse Events (includes events reportable per the National Quality Forum)

Reporting the Claim or Incident

Incidents, claims or lawsuits should be reported at the earliest possible moment to Wendy Gordon DM, MPH, CPM at Wendy Gordon Consulting, LLC. To report, call (425) 536-8227 or complete the electronic incident report form and follow the instructions at the bottom of the form. All of the information needed for a phone report is included on the electronic reporting form. A verbal discussion with Wendy Gordon is required after the file is established. You will receive an acknowledgement email. Read it carefully as it may contain a request for the complete records (including consent forms, messaging, etc.). Never send HIPAA sensitive information via unsecured email.

After a Claim or Incident

• Do not discuss the case with anyone except Wendy Gordon, an attorney retained to represent you, protected peer review attendees, or your spouse. Discussing the case broadly raises the possibility of others being subpoenaed and/or conflicting information being circulated.

• Never alter a medical record after a claim has been made.  This includes making additions, corrections, or deletions.

• Do not include any claims correspondence in the patient's medical record.

• Maintain copies of all claims correspondence in a secure location.

Who to Contact

Wendy Gordon DM, MPH, CPM at (425) 536-8227     

Fax: 425-536-8221

[email protected]