§928.EXHIBIT B. Illinois Medical Professional Liability Insurance Uniform Claims Report – Reporting Instructions  


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  • As required by Section 155.19 of the Insurance Code [215 ILCS 5/155.19] and 50 Ill. Adm. Code 928:

     

    1.         File all opened, closed, re-opened, and re-closed medical professional liability insurance claims and lawsuits, including any updates, with the DOI on a quarterly basis.  For closed claims, include claims closed without payment.  Insurance claim means a formal or written demand for compensation under a medical professional liability insurance policy relating to allegations of liability on the part of one or more providers for any act, error or omission in the rendering of, or failure to render, medical services for medically related injuries. Insurance claim includes any instance for which benefits or compensation are payable or eligible to be paid under any coverage under the policy. Lawsuit means a complaint filed in any court in this State alleging liability on the part of one or more providers for any act, error or omission in the rendering of, or failure to render, medical services for medically related injuries.

     

    2.         File separate reports for each defendant you insure.  Each filing of a claim or lawsuit report shall be identified with a unique claim number.  If more than one defendant/insured is associated with an incident, a unique claim number is required for each defendant/insured.  If more than one claimant/injured party is associated with an incident, a unique claim number is required for each claimant/injured party.  When there are multiple associated claims/lawsuits, report the incident identifier in the other claims information section.

     

    3.         RESPONSES TO ALL FIELDS ARE REQUIRED.  For open claim reports, complete Insurer Information through Contact Person Information.  When updating reports, any information may be updated.  For closed claim reports, all fields are required.

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    Insurer Information

     

    1a.       Insurer Name (not group name) (Maximum = 40 characters). 

     

    1b.       Insurer 9-digit FEIN.  Entities without a Federal Employer Identification Number (FEIN), contact the DOI for assigned number.

     

    Initial Claim Information

     

    2a.       Claim ID.  For each open claim report, assign a distinguishing claim number sufficient to enable the Department of Insurance (DOI) to track a particular claim over a period of years.  This claim number should consist of a unique sequence of letters and/or numbers. Once a claim number has been assigned, it should not be repeated for any future claim. One claim record should be reported for each named individual or entity formally alleged to have contributed to an injury or grievance and from whom a malpractice payment is being sought.  On re-opened claims, use the same claim number as the original claim file that is being re-opened.

     

    2b.       Date of Principal or Alleged Injury  (MM/DD/YYYY).  Report the date of the earliest alleged error or omission that was the first necessary if not sufficient cause of the alleged medical injury.

     

    2c.       Date Incident First Reported to Insurer (MM/DD/YYYY).  Date of alleged injury first reported to the insurer.

     

    2d.       Date Claim Opened by Insurer (MM/DD/YYYY).

     

    2e.       Date Claim Re-Opened by Insurer (MM/DD/YYYY).

     

    2f.        Date of Original Closure  (MM/DD/YYYY).  Only applicable if claim was re-opened.

     

    2g.       Date of Final Closure (MM/DD/YYYY). The date of final disposition or settlement of a claim. Payments for defense costs or indemnity may occur after the date of closure (as in a structured settlement).

     

    Insured Information

     

    3a.       Profession or Business Code. (1) Physician or Surgeon*; (2) Hospital; (3) Nurse*; (4) Nursing Home; (5) Dentist*; (6) Pharmacy; (7) Optometrist*; (8) Chiropractor*; (9) Podiatrist/Chiropodist*; (10) Clinic/Corporation; (11) Other* – Employee (Maximum = 25 characters). A code with an asterisk (*) requires a "Type of Practice Code" as well.

     

    3b.       Type of Practice Code. (1) Institutional, including Academic;  (2) Professional Corporation, Partnership, or Group;  (3) Self-Employed;  (4) Hospital;  (5) Nursing Home;  (6) All Other Employees;  (7) Intern or Resident.

     

    3c.       Insured's Name, including suffix such as MD, DO, etc.

     

    3d.       Insured's Illinois License Number. Enter FEIN for clinics and corporations.

     

    3e.       Medical Specialty Codes. Select the most relevant specialty code from the following table.

     

    Code

    Description

    Physician Specialties

    01

    Allergy and Immunology

    03

    Aerospace Medicine

    05

    Anesthesiology

    10

    Cardiovascular Diseases

    13

    Child Psychiatry

    20

    Dermatology

    23

    Diagnostic Radiology

    25

    Emergency Medicine

    29

    Forensic Pathology

    30

    Gastroenterology

    33

    General/Family Practice

    35

    General Preventive Medicine

    37

    Hospitalist

    39

    Internal Medicine

    40

    Neurology

    43

    Neurology, Clinical Neurophysiology

    45

    Nuclear Medicine

    50

    Obstetrics & Gynecology

    53

    Occupational Medicine

    55

    Ophthalmology

    59

    Otolaryngology

    60

    Pediatrics

    63

    Psychiatry

    65

    Public Health

    67

    Clinical Pharmacology

    69

    Physical Medicine & Rehabilitation

    70

    Pulmonary Diseases

    73

    Anatomic/Clinical Pathology

    75

    Radiology

    76

    Radiation Oncology

    80

    Colon & Rectal Surgery

    81

    General Surgery

    82

    Neurological Surgery

    83

    Orthopedic Surgery

    84

    Plastic Surgery

    85

    Thoracic Surgery

    86

    Urological Surgery

    98

    Other Specialty – not classified

    99

    Unspecified

     

    Dental Specialties

    D1

    General Dentistry (no specialty)

    D2

    Dental: Public Health

    D3

    Endodontics

    D4

    Oral and Maxillofacial Surgery

    D5

    Oral and Maxillofacial Pathology, Orthodontics and Dentofacial

    D6

    Orthopedics

    D7

    Pediatric Dentistry

    D8

    Periodontics

    D9

    Prosthodontics

    DA

    Oral and Maxillofacial Radiology

    DB

    Unknown

     

    3f.        County of Insured's Principal Place of Practice for Rating Purposes.

     

    3g.       Policy Limits Available, Primary Coverage. Policy limits available for the claim being reported under the insured's primary coverage.

     

    3h.       Policy Limits Available, Excess Coverage. Policy limits available for the claim being reported under the insured's excess coverage.

     

    Place of Injury Information

     

    4a.       Place Where Alleged Injury Occurred Code.  Enter only one. (1) Hospital Inpatient Facility*; (2) Emergency Room; (3) Hospital Outpatient Facility*; (4) Nursing Home*; (5) Physician's Office; (6) Patient's Home; (7) Other Outpatient Facility, including Clinics*; (U) Unknown*; (X) Other* – describe place (Maximum = 25 characters).

    A code with an asterisk (*) requires a "Location Within Institution Code" as well.

     

    4b.       Location Within Institution Code.  (1) Patient's Room; (2) Labor/Delivery Room; (3) Operating Suite; (4) Recovery Room; (5) Critical Care Unit; (6) Special Procedure Room; (7) Nursery; (8) Radiology; (9) Physical Therapy Department; (U) Unknown; (X) Other – describe (Maximum = 25 characters).

               

    4c.       County Where Alleged Injury Occurred. Full name of the county in which the injury is alleged to have occurred.

     

    Injured Person Information

     

    5a.       Injured Person's Name.

     

    5b.       Injured Person's Gender.  M    F

     

    5c.       Injured Person's Age.  Enter age of injured person at the date of injury.

     

    Other Claim Information

     

    6a.       Total Number of Defendants.   Enter total number of persons or corporations that you insure that are involved in the incident relating to this claim. 

     

    6b.       Incident Identifier. Each reporting entity should assign a unique numeric identifier for each incident or occurrence. An occurrence is an event or series of events leading to an allegation of malpractice, and that may involve allegations against multiple individuals and entities. An occurrence is defined causally and may or may not be constrained in time. For example, multiple failures to diagnose a given illness may occur over a period of years. Such a series of events would be considered a single occurrence. Each claim submitted for providers involved in a single occurrence should be assigned the same incident identifier.

     

    Contact Person Information

     

    7a.       Name of Person Responsible for Preparing this Report.

     

    7b.       Title of Person Responsible for Preparing this Report.

     

    7c.       Contact Person Name (if different than Name of Person Responsible for Preparing this Report).

     

    7d.       Contact Person Telephone Number.

     

    7e.       Contact Person Email Address.

     

    Plaintiff Attorney Information

     

    8a.       Plaintiff Attorney's Name or Name of Law Firm.

     

    8b.       Plaintiff Attorney's Office City.

     

    8c.       Plaintiff's Attorney's Office State.

     

    Claim Data Information

     

    9a.       Nature and Substance of Claim.  Give complete description of all actions and circumstances causing the claim, including allegations made by claimant.  (Maximum = 250 characters)

     

    9b.       Allegation Codes Related to Claim.  Enter as many codes as needed.  Use DOI 3-digit codes listed below.  (1) Diagnosis Related;  (2) Anesthesia Related;  (3) Surgery Related;  (4) Medication Related;  (5) Intravenous and Blood Products Related;  (6) Obstetrics Related;  (7) Treatment Related;  (8) Monitoring Related;  (9) Biomedical Equipment/Product Medication Related;  (10) Miscellaneous Related. 

     

    DOI 3-digit Allegation Code choices:

     

    Diagnosis-Related       010 – Failure to Diagnose (e.g., concluding that patient has no disease or condition worthy of follow-up or observation)

    020 – Wrong Diagnosis or Misdiagnosis (e.g., original diagnosis is incorrect)

    030 – Improper Performance of Test

    040 – Unnecessary Diagnostic Test

    050 – Delay in Diagnosis

    060 – Failure to Obtain Consent/Lack of Informed Consent

    070 – Diagnosis Related – Not Otherwise Classified

     

    Anesthesia-Related     110 – Failure to Complete Patient Assessment

    120 – Failure to Monitor

    130 – Failure to Test Equipment

    140 – Improper Choice of Anesthesia Agent or Equipment

    150 – Improper Technique/Induction

    160 – Improper Equipment Use

    170 – Improper Intubation

    180 – Improper Positioning

    185 – Failure to Obtain Consent/Lack of Informed Consent

    190 – Anesthesia Related – Not Otherwise Classified

     

    Surgery-Related          210 – Failure to Perform Surgery

    220 – Improper Positioning

    230 – Retained Foreign Body

    240 – Wrong Body Part

    250 – Improper Performance of Surgery

    260 – Unnecessary Surgery

    270 – Delay in Surgery

    280 – Improper Management of Surgical Patient

    285 – Failure to Obtain Consent/Lack of Informed Consent

    290 – Surgery Related – Not Otherwise Classified

     

    Medication-Related    305 – Failure to Order Appropriate Medication

    310 – Wrong Medication Ordered

    315 – Wrong Dosage Ordered of Correct Medication

    320 – Failure to Instruct on Medication

    325 – Improper Management of Medication Regimen

    330 – Failure to Obtain Consent/Lack of Informed Consent

    340 – Medication Error – Not Otherwise Classified

    350 – Failure to Medicate

    355 – Wrong Medication Administered

    360 – Wrong Dosage Administered

    365 – Wrong Patient

    370 – Wrong Route

    380 – Improper Technique/Induction

    390 – Medication Administration Related – Not Otherwise Classified

     

    Intravenous &              410 − Failure to Monitor

    Blood Products-          420 – Wrong Solution

    Related                        430– Improper Performance

    440 – I.V. Related – Not Otherwise Classified

    450 – Failure to Ensure Contamination Free

    460 – Wrong Type

    470 – Improper Administration

    480 – Failure to Obtain Consent/Lack of Informed Consent

    490 – Blood Product Related – Not Otherwise Classified

     

    Obstetrics-Related      505 – Failure to Manage Pregnancy

    510 – Improper Choice of Delivery Method

    520 – Improperly Performed Vaginal Delivery

    530 – Improperly Performed C-Section

    540 – Delay in Delivery (Induction or Surgery)

    550 – Failure to Obtain Consent/Lack of Informed Consent

    555 – Improperly Managed Labor – Not Otherwise Classified

    560 – Delay in Treatment of Fetal Distress (i.e., identified but treated in untimely manner)

    570 – Retained Foreign Body/Vaginal/Uterine

    575 – Abandonment

    580 – Wrongful Life/Birth

    590 – Obstetrics Related – Not Otherwise Classified

     

    Treatment-Related      610 – Failure to Treat

    620 – Wrong Treatment/Procedure Performed

    630 – Failure to Instruct Patient on Self-Care

    640 – Improper Performance of Treatment/Practice

    650 – Improper Management of Course of Treatment

    660 – Unnecessary Treatment

    665 – Delay in Treatment

    670 – Premature End of Treatment (Also Abandonment)

    675 – Failure to Supervise Treatment/Procedure

    680 – Failure to Obtain Consent/Lack of Informed Consent

    685 – Failure to Refer or Seek Consultation

    690 – Treatment Related – Not Otherwise Classified

     

    Monitoring-Related    710 – Failure to Monitor

    720 – Failure to Respond to Patient

    730 – Failure to Report on Patient Condition

    790 – Monitoring Related – Not Otherwise Classified

     

    Biomedical                   810 − Failure to Inspect/Monitor

    Equipment/                   820 − Improper Maintenance

    Product-Related           830 – Improper Use

    840 – Failure to Respond to Warning

    850 – Failure to Instruct Patient on Use of Equipment/Product

    860 – Malfunction/Failure

    890 – Biomedical Equipment/Product-Related – Not Otherwise Classified

     

    Miscellaneous-            920 − Failure to Protect Third Parties (e.g., failure to warn/protect

    Related                                  from violent patient behavior)

    930 – Breach of Confidentiality/Privacy

    940 – Failure to Maintain Appropriate Infection Control

    950 – Failure to Follow Institutional Policy or Procedure

    960 – Other (Provide Detailed Description) 

    990 – Failure to Review Providing Performance

     

    9c.       Severity of Injury Code. Select only one − Select code for principal injury if several injuries are involved.

     

    Temporary:

    1.    Emotional Only (e.g., fright, no physical damage)

    2.    Insignificant (e.g., lacerations, contusions, minor scars, rash; no delay)

    3.    Minor (e.g., infections, misset fracture, fall in hospital; recovery delayed)

    4.    Major (e.g., burns, surgical material left, drug side effect, brain damage; recovery delayed)

    Permanent:

    5.    Minor (e.g., loss of fingers, loss or damage to organs; includes non-disabling injuries)

    6.    Significant (e.g., deafness, loss of limb, loss of eye, loss of one     kidney or lung)

    7.    Major (e.g., paraplegia, blindness, loss of two limbs, brain damage)

    8.    Grave (e.g., quadriplegia, severe brain damage, lifelong care or fatal prognosis)

    9.    Death

     

    9d.       Claim Disposition Code.  Enter code representing the final disposition of the claim. (1) Settled by Parties*; (2) Disposed of by a Court**; (3) Disposed of by Binding Arbitration***; (4) Suit Abandoned****; (5) Claim Abandoned.

    A code with an (*) requires a "Settlement Code" as well.

    A code with an (**) requires "Court Information" to be completed as well.

    A code with an (***) requires a "Binding Arbitration Code" as well.

    A code with an (****) requires a "County of Circuit Court" and "Docket Number" as well.

     

    9e.       Settlement Code.  (1) Before Filing Suit or Demanding Arbitration Hearing;  (2) Before Trial or Hearing;  (3) During Trial or Hearing;  (4) After Trial or Hearing but Before Judgment or Decision/Award;  (5) After Judgment or Decision but Before Appeal;  (6) During Appeal;  (7) After Appeal;  (8) As a result of Review Panel or Non-Binding Arbitration**;  (9) As a Result of Mediation;  (10) As a Result of High/Low Settlement***.

    A code with an (**) requires a "Review Panel or Non-Binding Arbitration Code" as well.

    A code with an (***) requires all applicable "Court Information" except "Court Code".

     

    9f.        Review Panel or Non-Binding Arbitration Code.  (1) Finding for Plaintiff;  (2) Finding for Defendant.

     

    9g.       Binding Arbitration Code  (1) Award for Plaintiff;  (2) Award for Defendant.

     

    Court Information

     

    10a.     Court Code. (1) Directed Verdict for Plaintiff;  (2) Directed Verdict for Defendant;  (3) Judgment Notwithstanding Verdict for Plaintiff (judgment for defendant);  (4) Judgment Notwithstanding Verdict for Defendant (judgment for plaintiff);  (5) Judgment for Plaintiff;  (6) Judgment for Defendant;  (7) Decision for Plaintiff on Appeal;  (8) Decision for Defendant on Appeal;  (9) Voluntary Dismissal;  (10) Involuntary Dismissal;  (11) All Other Actions.

     

    10b.     County of Circuit Court.  County of Circuit Court where lawsuit occurred.

     

    10c.     Docket Number.

     

    10d.     Date of Award. (MM/DD/YYYY)

     

    10e.     Was the Circuit Court decision appealed?  Y or N

    If "Y", Describe the Result of the Appeal. (Maximum = 25 characters)

     

    10f.      Describe any Other Post Trial Motions. (Maximum = 25 characters)

     

    10g.     Economic Damages.  Amount of economic damages awarded by the court.  (whole dollar amounts only)

     

    10h.     Non-economic Damages.  Amount of non-economic damages awarded by the court.  (whole dollar amounts only)

     

    10i.      Liability Doctrine. Indicate whether liability was governed by the doctrine of joint and several liability (J) or whether liability was separate (S).

     

    Claim Payment Information

     

    11a.     Total Direct Indemnity Paid/Payable by You Under this Policy on Behalf of this Insured/Defendant.  (whole dollar amounts only)

     

    11b.     Economic Damages. If 9d Claim Disposition Code is (2) Disposed of by a Court, enter the amount that was paid/payable by you for economic damages, as indicated by the court award.  This amount plus 11c. Non-Economic Damages must equal amount reported in 11a. Total Direct Indemnity Paid/Payable by You Under this Policy on Behalf of this Insured/Defendant. (whole dollar amounts only)

     

    11c.     Non-Economic Damages.  If 9d Claim Disposition Code is (2) Disposed of by a Court, enter amount that was paid/payable by you for non-economic damages, as indicated by the court award.  This amount plus 11b. Economic Damages must equal amount reported in 11a. Total Direct Indemnity Paid/Payable by You Under this Policy on Behalf of this Insured/Defendant. (whole dollar amounts only)

     

    11d.     Direct Loss Adjustment Expense Paid/Payable by You under this Policy to Defense Counsel. (whole dollar amounts only)

     

    11e.     All Other Allocated Loss Adjustment Expenses Paid/Payable by You for this Insured/Defendant for this claim, including filing fees, telephone charges, photocopy fees, expenses of defense counsel, etc. (whole dollar amounts only)

     

    11f.      Direct Indemnity Paid/Payable by You Under All Policies for this Insured/Defendant. (whole dollar amounts only)

     

    11g.     Other Indemnity Paid by or on Behalf of this Insured/Defendant. (whole dollar amounts only)

    D)        Deductibles paid by insured/defendant for this claim under this policy;

    E)        Indemnity paid under any excess limits policy issued by you;

    R)        Amount paid by insured/defendant under self-insured retention;

    S)         Amount you paid above any stop loss limit.

     

    11h.     Claimed Medical Expense.  Amount of medical expense claimed by the plaintiff/injured party. (whole dollar amounts only)

     

    11i.      Claimed Wage Loss.  Amount of wage loss claimed by the plaintiff/injured party. (whole dollar amounts only)

     

    11j.      Trial Type. If trial was started, indicate whether it was a bench trial (B) or jury trial (J).

     

    (Source:  Amended at 40 Ill. Reg. 16137, effective November 30, 2016)