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June 2005 |
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RISK
MANAGEMENT |
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Careful Reporting Can
Clarify Claims |
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One of the primary documents of many claims
(and court cases) is the accident report. The
clarity of language and details of the report
can often assist in providing a defense for your
program should the injury result in a lawsuit.
Instruct staff members to follow these
guidelines when filling out accident reports:
Location: Describe the location
precisely to eliminate conflicting testimony
about where the injury took place particularly
in a trip and fall injury where a premises
defect might have contributed to the injury.
Sketching a map is a good idea.
Witnesses and contact information:
Should the injury result in a lawsuit, a trial
probably won't occur for at least a year. It's
important to list witnesses and their contact
information so that they can help your program
in the future.
Eliminate questions that draw conclusions:
Answering the question, "What could have
been done to prevent this injury?" makes a
plaintiff attorney's job very easy. Stick to the
facts.
If you didn't write it down, it didn't
happen: If you cleaned a cut before
bandaging, checked for circulation, or examined
the patient for other injuries, write it down.
People forget things, and if a trail is two
years after an injury, failing to document
medical treatment fully could raise a question
of negligent medical treatment. If your
documentation is sloppy or incomplete, it could
raise questions about the treatment as well.
Anticipate follow-up medical care:
Make staff aware that their role in medical care
does not end with the immediate treatment of an
injury. For example, keeping a skinned knee
clean and re-bandaging it daily will help
prevent infection.
Review all reports: It's always a good
idea for at least two staff members to review an
injury report to ensure clarity and
completeness.
Follow up on the cause of the injury:
If you find numerous injuries occurring in an
activity area, investigate the cause and correct
the problem.
Risk Management News, Markel Insurance Company
Vol. 1, 2005
