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Professional & Dental Business Liability Claim Process

Become more informed about navigating litigation, non-litigation and small claims processes and understand what to expect at every step.

Reporting a Claim

Once you submit your claim, a TDIC claims representative will contact you as soon as possible to verify information, ask questions, explain coverage and begin processing.

What You Can Do

Communicating with us early and often is key to resolving your claim. Contact TDIC right away for any of the following scenarios:

  • Notification that a patient or other third party is considering suing you 
  • Death of a patient during or after treatment under any circumstance
  • Request for release of medical records 
  • Legal action against a colleague involving a patient you have treated 
  • Receipt of a letter of intent to sue, demand letter, subpoena or being served papers
  • Receipt of any other communication from a former patient or a patient’s professional representative who purports to seek compensation

For guidance on coping during this challenging time, download the What To Expect if You Are Sued resource.

A Five-Step Claim Process

The process begins as soon as you call our Claims team at 800.733.0634. Whether it’s a simple mishap or a complex claim involving injuries, the process is the same:

The specifics of your claim are evaluated and it is then assigned to the  professional best experienced in specific related aspects of your report. We may also assign experienced defense counsel to protect your interests.

Your claims professional will contact you promptly after receiving your claim to confirm the particulars of the claim. After reviewing your coverage with you as it relates to the incident or loss, your claims professional will also begin preliminary discussions of the stages of the claim or litigation process.

Your claims professional will review your policy and a thorough investigation will be conducted to determine the proper handling of your claim.

For Dental Business or Professional Liability claims, this may include gathering details pertaining to the loss, including the location of the damage or occurrence, interviews with witnesses or affected parties, and photos or documents such as receipts and estimates for repair where damage to property of others has occurred. Notes are taken about occurrence, property damage or injury. Specifics and factors such as weather, possible prior incidents, lease provisions and property management are determined for evaluation.

For Professional Liability claims and litigation, we will retain and consult with appropriately qualified experienced experts to assist us in the defense of any claim and to help us indemnify any potential defense weaknesses and prepare for them.

Where litigation is involved, your professional will partner with defense counsel to assess the benefits and risks of the pending litigation. Some important considerations include:

Pre-litigation actions:

  • Contacting the other side
  • Researching information for investigation
  • Attempting to resolve the claim through negotiation or denial
  • Assigning defense counsel

Litigation steps can include:

  • Filing a responsive pleading to a lawsuit 
  • Strategy discussion between you, your TDIC claims professional and defense counsel
  • Seeking early resolution to the lawsuit via motions with the court or agreement of the plaintiff.  
  • Going through the discovery process

Trial in the appropriate court:

  • Small claims court, for which most states don’t allow attorneys in court
  • Municipal Court for claims less than $25,000 and limited discovery
  • Superior Court for claims more than $25,000

Evaluating best outcome strategies: 

  • Your claims professional will consider all the facts, determine the cause of the incident or occurrence giving rise to the litigation or claim and handle the claim accordingly. We are always 
    willing to re-examine our decisions if new information becomes available.
  • For Professional Liability claims and litigation, your TDIC policy specifically provides that no settlement can be considered by TDIC without your fully informed written consent.

Your claims professional will contact you promptly after receiving your claim to confirm the particulars of the claim. After reviewing your coverage with you as it relates to the incident or loss, your claims professional will also begin preliminary discussions of the stages of the claim or litigation process.

Once we’ve resolved your claim, we close it. If you discover additional expenses, your claim will be re-opened for investigation.

Need assistance with reporting?

Get started in our Claims Center. For questions or to file by phone, call 800.733.0633.