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Reporting Accidents & Incidents

BPM-708 Incidents - Medical Patients (Therapeutic & Diagnostic)

Revised July 1, 2009

DEFINITION OF AN INCIDENT - MEDICAL PATIENTS (THERAPEUTIC AND DIAGNOSTIC)

An incident is any actual or alleged injury to a patient arising out of the operations of a participating medical facility or because of injury arising out of the rendering of or failure to render professional therapeutic or diagnostic services by a covered person. 

NOTE:  To the extent possible, the judgment as to whether an injury resulted from the "rendering or failure to render professional services" will be based on the general standards as commonly practiced by physicians in the same specialty.

DEFINITION OF AN ALLEGED INCIDENT - MEDICAL PATIENTS (THERAPEUTIC AND DIAGNOSTIC)

An alleged incident is any claim by or for a patient of a medical facility that there was a failure to obtain an informed consent from the patient.

NOTE:  A claim of failure to obtain an informed consent may be based on the failure of the covered person to advise the patient of alternate methods of treatment, possible complications, failure to obtain normally expected results, or for other reasons.

WRITTEN REPORTS REQUIRED

All incidents, actual or alleged, must be reported in writing.

REPORTING RESPONSIBILITIES

Incident reports must be:

  1. Initiated and signed by the physician treating the patient or by the department head receiving notification of the incident.
  2. Submitted to the Risk Coordinator for UMHC or to the campus business office, within 48 hours after the incident occurs.

  3. NOTE:  If not hand carried, incident reports must be mailed in a sealed envelope marked PERSONAL.

  4. Forwarded to the General Counsel's Office within 72 hours after the incident.

FORMS TO BE USED

All reports of actual or alleged incidents at UMHC must be made using the UMHC form "Management Variance Incident Report," and must include:

  1. Physician's name, University address, specialty and University appointment (i.e., faculty, resident, or Fellow).
  2. Patient's name, home address and patient number.
  3. Name and address of any witnesses or observers of the incident. If witness or observer was a University employee, use University address.
  4. Comments by the physician relevant to the incident.

FORMS TO BE USE - ALL OTHER MEDICAL UNITS

All reports of actual or alleged incidents must be made on a Patient Incident Report Form.

ALL REPORTS CONFIDENTIAL

All reports must be marked confidential and filed in a separate, confidential file, and may be used only by the medical facility and the Director of Risk & Insurance Management.  They are not to be made part of the patient's medical record.

SUMMONSES AND PETITIONS

Any summons or petitions served on an employee regarding a claim of alleged medical malpractice must be forwarded immediately to the General Counsel in accordance with provisions of BPM 712 - Summonses & Petitions.

NOTE:  Forwarding a summons and petition does not satisfy the requirement for submitting a detailed letter-report as outlined above.

WRITTEN REQUESTS REQUIRED

Except for requests made by the General Counsel and the Director of Risk & Insurance Management, all requests for records and information must be made in writing to the physician or the physician's department.

REVIEW BY MEDICAL FACILITY ADMINISTRATOR REQUIRED

All requests must be reviewed by the administrative head of the medical facility before any record or information is released.

REQUESTS OR SUBPOENAS FOR APPEARANCE OR FOR RECORDS

All requests or subpoenas to appear for depositions and all subpoenas to furnish records or for any other data or purpose concerning a claimant, must be referred to the General Counsel for review and advice as to the action to be taken.

CORRESPONDENCE

All correspondence from a claimant, a claimant's attorney or insurance company regarding an alleged accident or incident; questions on the medical and/or professional bill sent to the claimant; or which requests information regarding University insurance must be forwarded immediately to the Director of Risk & Insurance Management before any response is made.

NOTE: The Director of Risk & Insurance Management will review the correspondence with the General Counsel.  One of these offices will advise the recipient of the correspondence concerning the reply to be made.

RESTRICTIONS ON DISCUSSING CLAIMS

Physicians must not discuss the alleged incident with the claimant, the claimant's attorney or insurance company or anyone purporting to represent the claimant except at a meeting approved by the General Counsel.

INSURANCE

BPM 803 - Insurance Coverages provides summary information about insurance coverages.