Notice of Suits and Claims
If a claim is made without a formal legal action being filed, the provider should notify their primary insurance company and the Fund’s Legal Section as soon as possible.
All inactive health care providers should contact the Fund as soon as they have any notice of a claim, regardless of whether or not actual court proceedings have been commenced by the filing of a petition.
Any health care provider, active or inactive, who is sued outside Kansas has an obligation to notify the Health Care Stabilization Fund.
If any action is filed against a resident health care provider outside of this state, the health care provider or the health care provider’s insurance company must notify the Board of Governors as soon as reasonably practical.
Defending Health Care Providers
Primary insurers provide a defense on behalf of active health care providers. If the claim or suit exceeds the basic coverage limits (resulting in a tender), the Health Care Stabilization Fund will assume the cost of defending the health care provider. In most situations, the Fund continues to provide a defense using the same attorney utilized by the primary insurer.
Inactive health care providers, who are qualified for Fund tail coverage, rely on the Fund to appoint a defense attorney. Defense attorneys appointed by the Fund to defend actions against inactive providers are skilled medical malpractice defense attorneys.
If a health care provider has questions or concerns regarding the primary insurer’s defense or the Fund’s defense activities relating to a specific claim or suit, the provider should contact the Fund’s Legal Section at 785-291-3410.