Medical Claims

Overview of the Committee’s Focus:

Claim department and defense advocacy reaction to medical malpractice claims are the specialty of this Professional Liability Defense Federation™ committee. Even with an environment of generally favorable verdict experience, publicity about the effects claims making has on medical services delivery in many communities, and successful tort reform efforts in some states, plaintiffs’ attorneys continue to seek recoveries against doctors.

Criticism raised may relate, for example, to:

• Diagnostic Decisions
• Informed Consent Decisions
• Procedure Selection
• Referral Support
• Surgical Outcomes
• Medication Administration
• Infection Outcomes
• Diagnosis Timing
• Equipment Performance
• Staff Supervision
• Staff Privilege Determinations
• Respondeat Superior Oversight

Lawsuits may target doctors, nurses, EMTs, clinics, hospitals, nursing homes and HMOs. The Medical Claims Committee works to enhance defense standard of care and causation responses to allegations made against the medical community. In addition members share information in support of procedural suit prerequisites, limitations statute applicability, chart advocacy nuances, expert recruitment, witness preparation, learned treatise preparation, trial presentation graphics, arbitration options and tort reform proposals. Committee member attention is also given to doctor discipline procedures in administrative proceedings, Joint Commission on Accreditation evidence, and National Practitioner Data Bank developments.

Committee members are asked to contribute to article publication, to monitor the PLDF news and respond to member inquiries for assistance, and to assist in annual meeting seminar presentation planning.