Most physicians will face a lawsuit at least once during their career1. Our team understands the heavy personal and professional toll an adverse event or claim can have on a clinician or care team, and we are here to help you through it.

Protecting your reputation and reducing the emotional impact that adverse events create is at the heart of what we do

Our philosophy

We support you from the moment you report an incident. We want to help reduce the amount of time you experience stress or negative emotional impacts that adverse events may create, so you can continue providing excellent care.

If a case progresses to a lawsuit, we will partner with the best attorneys to defend your good medicine and help protect the reputation of your care teams and organization.

The process starts with a simple step: report your unanticipated outcomes to our team so we can launch our early intervention program, HEAL. After you report, we will conduct a thorough event analysis to inform the next steps, all the way through resolution.

Our claims team includes highly trained, seasoned professionals who are experts in managing medical professional liability (MPL) cases and have been assisting and protecting the reputations of caregivers like you for more than 40 years. Several members of our claims team have professional backgrounds in law and medicine. Additionally, we retain local attorneys who know the laws in your state and have experience defending MPL cases.

Quick action can help reduce future risk and optimize positive outcomes

We work with all parties to foster an atmosphere of cooperation and professionalism. We quickly and thoroughly investigate each harm event, involving our clients in the review and decision of whether to settle or defend.

Each case is unique, and resolution may take many forms—sometimes an apology and a conversation are helpful, sometimes a trial is the best path, or it may be important to work with media experts to develop a crisis communications protocol.

If a claim involves a data breach or other cybersecurity* 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 adverse events and claims. We encourage you to report every incident to our team as soon as possible, so our experts can guide how to best address and resolve the situation. Our goal is to help you mitigate potential claim actions, so you can continue providing excellent care for your patients and senior living residents.

No question is a bad one—our team encourages you to raise concerns and share issues. That’s why we’re here—to help you take action to minimize your liability in the event of a claim.

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 clients at every turn, from event review to resolution and everything in between.

Our claims services range from addressing unanticipated outcomes to defending claims and lawsuits. We evaluate all cases carefully—choosing the right experts and partnering with experienced MPL attorneys—to provide you with the best defense possible. As a result, we consistently prevail on most cases taken to trial.

Legal action

In the event you are served with a lawsuit, receive a letter from an attorney about a claim 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 online incident form. Shortly after you submit the form, a member of our team will be in touch to assist you with next steps.

The first step is the more importantearly reporting of incidents or claims

We encourage all clients to report early, so our team can intervene, provide support and facilitate next steps—such as an early discussion with a risk or claims consultant to determine if defense counsel should be retained, or an independent expert review is needed.

Claims and litigation pose difficult challenges for healthcare professionals—on a legal and emotional level. We support clinicians by thoroughly explaining what’s happening and by offering resources for support. 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 stressful when the care you provide, or your professional integrity, is called into question. It can even feel traumatizing. That’s why, with every claim, we connect you with a Clinician Peer Support Consultant, a peer who is trained to work with you during the legal process. These consultations are intended to reduce your stress and help manage your anxiety, so you can continue to focus on providing excellent patient care.

In addition, clients can access our WellBeing Center, which includes 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 after unanticipated outcomes. Our crisis consultants—media and reputation experts—are here and ready to help you communicate with the media, fellow care team members, patients, senior living residents, families, and the community.

Media relations

We partner with leading crisis communications consultants 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 healthcare 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.

Spokesperson training

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 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 resolve situations quickly to minimize your risk and create better patient outcomes.

Data breaches and cybercrimes are increasing and pose a real threat to your business. In the event of a breach or other cybersecurity issue, we’re here to process your claim promptly and efficiently so you can get the help you need, fast. Sign in to MyAccount to report the cyber claim. We will confirm your coverage and forward the coverage documentation to Tokio Marine HCC – Cyber & Professional Lines Group.

If a cyberattack occurs outside of regular business hours, you should report it on 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 speak with a breach coach from Wilson Elser. Make sure to let them know you are a client of ours. Tokio Marine HCC’s claim department will work with our 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 senior living residents.

And, you can visit CyberNet®, the newly enhanced website for Cyber Solutions®. 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 is sent directly to our claims team. You’ll receive an email confirmation, usually within minutes. If you’ve requested a call back or other assistance, expect to hear from us within two business days. Most often, you will hear from our team much sooner.

How to report a medical or cyber incident or claim

Submit your form through one of the links below. After you submit, you will receive an email confirmation.

Need help submitting an incident or claim?

Contact us at 800.328.5532 or email Support@ConstellationMutual.com

If your insurance broker has requested you contact them before reporting an incident or claim, please do so for assistance.

*Cyber Solutions® is a product of Tokio Marine HCC.