If any incident occurs that you believe may be covered by your liability insurance, immediately contact ABMP by phone (800-458-2267), fax (800-667-8260), email (expectmore@abmp.com), or mail (address below) to make your initial report of the incident/claim. You are required to report any incident immediately, even if your client has not made a demand or indicated that they want to file a claim against you. Failure to report an incident in a timely manner may void your insurance coverage.
Claim Forms
When Something Goes Wrong During or Following a Service:
- Assess the extent of injuries or damage. Obtain medical help or call the police if warranted or required by law. Do not be overly defensive or hostile to the claimant. Do what you can to soothe the situation. Many times, minor claims are dropped once the claimant's emotional anger diminishes. Report the incident to ABMP.
- Take photographs immediately, if possible, and/or when circumstances warrant. It is a good idea to implement the regular practice of taking photographs at the beginning of every client session ("before" photos) and at the end of every client session ("after" photos) to track your client's progress and for your protection.
- Do not admit fault. It is not advisable to offer complimentary treatments or refund service fees in an attempt to correct the alleged problem, as this may be construed as an admission of guilt. If the claimant is aware they may incur expenses (i.e., attorney's fees), they may not file an unsubstantiated claim. Discuss the facts or give statements only to the police, your ABMP Risk Management Coordinator or your insurance company representatives.
- Write down the facts. Detailed notes regarding the incident should be completed as soon as possible to take advantage of short-term memory. This information should include conversations, recollections, types of services or techniques/equipment used, length of session, whether the procedure was creating discomfort for the client, and any documentation outlining appointment history, preexisting conditions, procedures, client notes, releases, client consultation forms, post treatment/homecare forms, client intake forms and any consent forms, etc. In addition, record any extraneous circumstances you may be aware of, such as previous treatments, work environment, hobbies and sports activities of the client, etc. Finally, record in writing any correspondence, telephone calls, or verbal communication received by you from the claimant or claimant's legal counsel.
Reporting the Incident or Claim:
- Complete the "Report of Incident/Claim" form. Once you have compiled the facts and documents to be forwarded to ABMP (see above), complete and submit a claim form, available online at www.abmp.com. It is essential ABMP receives information regarding all communication between you and the possible claimant as soon as possible. You must include the client's name, address, area code, and telephone number; date and time of the alleged incident; date the complaint (verbal or written) was filed with you; a copy of any written correspondence and/or transcript of verbal correspondence, etc., so the insurance company has as much information as possible to pursue a complete investigation. Write down the date, time, and place of the incident. Get names, addresses, and phone numbers of all involved parties and witnesses. Forward this claim form and the corresponding documentation to ABMP within three (3) business days of an incident, or notice of claim or suit.
- Notice of a Claim from the Client or the Client's Attorney. Sometimes you won't even know about a potential claim until you are contacted later. If, as an ABMP member, you have received written or verbal contact from a client (or client's legal counsel) regarding a possible claim being filed against you, don't panic. Do not immediately inform your client you carry liability insurance. Do not provide any information regarding your (ABMP's) liability insurance policy until you contact ABMP. Do not communicate with the client's legal counsel. Follow the above procedure for gathering facts and completing the claim form. Report the potential claim along with supporting documentation immediately to ABMP.
- In the event of a request for records pursuant to a subpoena, a deposition on written questions, or a request from an attorney or a client, notify ABMP immediately. Please do not release the records until you contact ABMP and are advised to do so. The "Report of Incident/Claim Form" is not required for records request. Please do not send the "Report of Incident/Claim Form" to anyone other than your ABMP Risk Management Coordinator.
ABMP members are to communicate directly with an ABMP Risk Management Coordinator regarding any possible claims within three (3) business days. Send information as outlined to: ABMP Risk Management Coordinator, 25188 Genesee Trail Rd., Suite 200, Golden, Colorado 80401, or fax to 800-667-8260. For claims inquiries, call 800-458-2267.