RM Services
Frequently Asked Questions
Office Practice Risk Evaluations
Arbitration
Self-Evaluation Toolkit
RM Articles
CAPsules Editions
CME Program/Schedule
RM Questions
RM Materials / Forms
RM Alerts
Case Of The Month - Past Issues

Medical / Legal Q&A:

“NOTIFY CAP IMMEDIATELY IF YOU RECEIVE THESE”
By Bruce Carpenter, Esq. Managing Attorney
Schmid and Voiles Law Firm

A: A summons and a complaint are often received together. The summons is an order of the court to appear within 30 days. This is commonly satisfied by filing a written answer to the complaint. The complaint states the grounds for the alleged negligence. When the physician alerts the CAP-MPT Claims Department of receipt of a summons, immediate action is initiated. There must be a response to the complaint, on behalf of the physician, within the allowed timeframe. Absent a timely response, the court may refuse to allow the physician to contest allegations that he failed to meet the standard of care.

A 90-day Notice of Intent is an advance notice of an intention to file a professional liability lawsuit. When notified, the CAP Claims Specialist has the opportunity to intervene on the member’s behalf and, perhaps, resolve the dispute before a lawsuit is brought. When reported early, the Specialist may be able to save the member inconvenience, energy and dollars.

Not the least important reason for promptly notifying CAP of a summons or a 90-day notice is that your failure to do so may jeopardize your professional liability coverage.

To report any legal notices, call the CAP Claims Department HOTLINE at 1-800-252-0555.