Count on Constellation® to have your back when it matters most
Most physicians will face a lawsuit at least once during their career. We understand the heavy personal and professional toll an adverse event or claim can have on any health care provider, and we are here to help you get through it.
Protecting your reputation and professional integrity is at the heart of what we do
Our claim team includes highly trained, seasoned professionals who are experts in managing medical professional liability cases, and who have been assisting and protecting the reputations of clients like you for more than 40 years. Several members of our claim team have professional backgrounds in both law and medicine. And, we retain local attorneys who know the laws in your state and have experience defending medical professional liability claims.
Quickly taking action can help reduce future risk and optimize positive outcomes
We work with all parties to foster an atmosphere of cooperation and professionalism. We thoroughly investigate each claim, involving our policyholders in both the investigation and the decision of whether to settle or defend.
Each case is unique, and resolution may take many forms—sometimes apology and communication is helpful, sometimes a trial is the best path, or it may be important to work with media experts to develop a crisis communication protocol.
If a claim involves a privacy data breach or other cyber security issue, count on us for fast attention to help minimize future risk and address issues arising from the claim.
1 Thiels CA, Choudhry AJ, Ray-Zack MD, et al. Medical malpractice lawsuits involving surgical residents. JAMA Surg. 2018;153(1):8-13.
Early intervention can make a significant difference in the outcome of unanticipated events, medical errors and claims. We encourage you to promptly report events that would benefit from early discussion and assistance, so our experts can help with advice and suggestions on how best to address and resolve the situation. Our goal is to help you prevent or mitigate potential claim actions, so you can provide the best possible outcomes for your patients.
No question is a bad one—our team encourages you to bring up concerns or share issues. That’s why we’re here—to help you take action to minimize your liability in the event of a claim.
HEAL’s four core services:
- Clinician Peer Support for provider wellbeing
- Risk Consultation may help improve processes when we learn what contributed to a harm event
- Communication Assistance strengthens relationships and has many benefits for patients and clinicians
- Expert Case Review accelerates insights to determine whether the standard of care was met
At Constellation®, we are committed to defending good medicine. Our priorities are protecting your reputation and avoiding cost-of-defense settlements. We tailor our wide range of services to fit your exact claim needs, and we involve our policyholders at every turn, from investigation to resolution and everything in between.
Our claim services range from addressing unanticipated events to defending claims and lawsuits. We evaluate all cases carefully—choosing just the right experts and partnering with experienced medical professional liability law firms in each state—in order to provide you the best defense possible. As a result, we consistently prevail on most cases taken to trial.
In the event you are served with a lawsuit, receive a letter from an attorney stating that a claim is being made on behalf of a patient, or are contacted by a licensing board or regulatory agency stating an investigation has commenced, the first step is filling out our user-friendly claim form. A member of Constellation’s claim team will be in touch promptly to assist you with next steps.
Physician Advisory Council
Our claim consultants work closely with Constellation’s Physician Advisory Council (PAC) to review, analyze and evaluate the care provided. PAC members include legal advisors and physicians from multiple specialties who lend their medical expertise to help our claim services team more fully understand the aspects of the case.
Research shows that communicating openly and compassionately when a harm event occurs can reduce the likelihood of lawsuits and has many additional benefits, for both patients and clinicians.
We’ll guide your team through communication challenges in ways that help move everyone toward healing and resolution
Easy reporting of incidents or claims
We encourage you to intervene early, by reporting incidents that would benefit from early discussion with a risk and patient safety consultant or claim consultant, to determine if defense counsel should be retained or an independent expert review is needed.
Claims and litigation pose difficult challenges for health care professionals—on both a legal and an emotional level. At Constellation, we support clinicians by thoroughly explaining what’s happening and by offering resources for support during what can be a stressful time. We prepare you well, so you know what to expect every step of the way—during depositions and defending claims in the event of a trial.
Reducing stress and anxiety
It’s always stressful when the care you provide or your professional integrity is called into question. It can even feel traumatizing. That’s why, on every claim, we provide a referral to a specialist within our provider support program who is trained to work with you during the legal process. These consultations are intended to reduce your stress level and manage your anxiety, so you can continue to focus on patient care.
In addition, policyholders can access our provider WellBeing Center, which includes additional resources and information on events to help keep clinicians and teams resilient and ready for whatever comes their way.
Saying the right thing at the right time is critical in times of adverse events and unanticipated situations. Our crisis consultants—media and reputation experts at Padilla—are here and ready to help you communicate with the media, employees, patients and the community.
We partner with leading crisis communications consultants at Padilla, who can help prepare you for a plan of response well before a crisis occurs. Learn how to respond to media inquiries in a timely and professional manner that supports the best interests of your organization’s reputation, business operations and legal position.
If an adverse event occurs at your practice or health care organization, you may receive media inquiries before your organization is prepared to answer questions. Perhaps you’re gathering information about what happened or maybe your management team needs to discuss the matter before responding to media. Having an established media protocol in place to manage crisis communications is essential.
For any reported event or claim, one of our crisis consultants can coach a spokesperson for your organization on what to say and how to handle the situation. For example, it may be that a well-known person who was treated at your facility died. Even when no claim is expected to be made, it’s important to be properly prepared to answer questions and address issues for the media and your community.
Consultation for communicating with patients
Complaints, miscommunications, medical errors and adverse events can affect both patient safety and your reputation. Our experienced consultants help you address issues early, document details, or offer apology and communication, if warranted. Our goal is to help you prevent or resolve situations quickly to minimize your risk and create better patient outcomes.
Privacy breaches and cyber crimes are increasing, and pose a real threat to your data and your business. In the event of a breach or other cyber security issue, we’re here to process your claims promptly and efficiently so you can get the help you need, fast. Sign in to your account to report the cyber claim. We will confirm your coverage and forward the coverage documentation to Tokio Marine HCC – Cyber & Professional Lines Group, formerly known as NAS Insurance Services, LLC and Professional Indemnity Associates.
If a cyber attack occurs outside of regular business hours, you should report via our website. If the matter is urgent and occurs outside of business hours, contact Tokio Marine HCC’s after hours number 888.627.8995 to be connected with a breach coach from Wilson Elser. Make sure to let them know you are an MMIC, UMIA or Arkansas Mutual policyholder. Tokio Marine HCC’s claims department will work with the Constellation team the next business day to request any additional information. They will also contact you to ensure you are back up and running, so you can focus on what matters most, your patients.
And, you can visit CyberNet®, the newly enhanced website for Cyber Solutions® policyholders. You’ll find ways to help you keep your data safer and to better prepare in case of a threat. Resources include:
- Sample policies and best practice guidelines
- Training modules and webinars
- Guidance for handling data breaches
- Quarterly newsletters and instant alerts
- Fines penalties related to billing audits and investigations
Our online form takes only minutes to complete, and in seconds the form goes directly to our claim services staff. You receive an email confirmation, usually within minutes, and, if you’ve requested a call back or other assistance, expect to receive a call or email within two business days. Most often you will hear much sooner.
When to report
Report a claim in any of the following instances:
- Legal action
- You are served with a lawsuit
- You receive a letter from an attorney stating they are making a claim on behalf of a patient against a physician, hospital or facility
- You are contacted by a licensing board or regulatory agency stating they are starting an investigation
- Adverse event
- There is an unexpected outcome resulting in injury to the patient
- A birth results in injury or death of the infant or mother
(In this instance, you may want to consider preserving the placenta for future testing.)
- A failed medical device results in patient injury
(Be sure to secure the defective device for future testing. Do not send the device back to the manufacturer for testing until you consult with us.)
- Injuries or damage to property or data
- A data breach involving a patient’s personal protected health information has occurred
- If we insure your premises for general liability, notify us of any reported injuries or property damage that occur on the premises
How to report an incident or claim
Submit your form through the “Report an incident or claim” link below. Once you submit your form, you will receive an email confirmation.
If you have an existing account, please sign in.
Need help submitting an incident or claim?
Contact us at 1-800-328-5532.
If your agent or broker has asked that you contact him or her before reporting an incident or claim, please do so for assistance in submitting an online form.