practice of Medicine


You Filed a Claim. Now What?

May 24, 2023

What To Do Right Now

Report the Incident

Read our guidance for when and how to report an incident. First, for guidance on what to report, see the list below:

    • Acts that adversely affect patients
    • Major unexpected injuries
    • Any unanticipated death
    • Any unanticipated major surgical complication or complication of other treatment
    • Failure to diagnose (occasions when the physician had an opportunity to diagnose a serious condition, but didn’t, and later learns that the condition existed)
    • Upon receipt of knowledge of legal documents such as a notice of suit or notice of intention to sue
    • Whenever a patient or family member expresses extreme anger or threatens to sue
    • When the physician knows of an attorney request for information or records
    • Any inquiry from the state medical licensing board regarding your medical care or complaints related to your medical care. Next, complete an incident form. To download the form, click here
    • Before submitting the form to [email protected], be sure to complete all form fields, provide all relevant details and include any legal documentation. You will receive an acknowledgement notice once your form has been successfully submitted and our team will begin to review the information provided.

    For questions about what to report or using the form, consult your policy and/or contact our service team at (800) 282-4882 or [email protected].

    Links to Additional Resources from our Learning Center:

    Early Reporting and Resolution

    The MagMutual Guide to Incident Reporting - What, When, Who, How, and Why?

    Gather Medical Record Content

    • Review our suggestions for compiling a comprehensive medical record.
      • When being sued for medical malpractice, it is imperative to handle legal and medical documentation in a responsible and appropriate manner, as well as in compliance with the record management regulations of your state.
      • The medical records and information you will be asked to provide may reside across multiple systems – reports, prescriptions, reports from specialists, pathology, imaging, x-rays office notes, patient intake forms and more – and will constitute a comprehensive chart. Also, be mindful that opposing counsel may request an audit trail to determine who accessed the record, on what date, at what time of day and for how long.
      • When record keeping is incomplete or insufficient, it can be difficult to refute allegations of medical negligence. Therefore, it is essential to keep detailed and accurate records of all interactions with the patient and all treatments given.
    Take Caution: What Not To Do


    The information provided in this resource does not constitute legal, medical or any other professional advice, nor does it establish a standard of care. This resource has been created as an aid to you in your practice. The ultimate decision on how to use the information provided rests solely with you, the PolicyOwner.