OFFICE OF THE ASSOCIATE VICE PRESIDENT FOR CLINICAL AFFAIRS

RISK MANAGEMENT DEPARTMENT

  1. PROFESSIONAL LIABILITY INSURANCE COVERAGE

    2. TORT CLAIMS ACT: As an employee of the University of New Mexico (UNM) Or a student enrolled in a health care program of UNM, professional liability insurance coverage is provided to you through the State of New Mexico's self insurance fund. This fund is administered by the State Risk Management Division. This fund is administered by the State Risk Management Division. The TCA waives sovereign immunity for claims and lawsuits against the State and its subdivisions, such as the Regents of the University of New Mexico and its employees.

    COVERAGE: The coverage provided to you at the University of New Mexico is predicated on two elements:

    1. You must be an employee of the University or a student enrolled in a health care program; and
    2. You must be acting within the scope of your assigned duties when the incident occurs.

    DAMAGE: Recovery of damages under the TCA is limited by law. Presently the limits are:

    • Single occurrence: $400,000 + $300,000 past and future medical expenses;
    • Aggregate: $750,000 + $300,000 past and future medical expenses.

    NOTICE: Notice of intent to file a claim or a lawsuit must be given by the patient within 90 days of the alleged personal injury or within six (6) months of an alleged wrongful death.

    STATUTE OF LIMITATIONS: The TCA requires that patients must file their lawsuit within two (2) years or be forever barred from filing. For pediatric patients under the age of seven (7), their parents have until their child is full age seven (7) and then the two (2) year period of time within which to file a lawsuit.

  2. LEGAL/RISK MANAGEMENT ASSISTANCE

    3. GENERAL: The UNM Health Sciences Center Risk Management Office provides legal counseling and risk management assistance in a wide variety of areas, including contracts, medical/legal issues and risk management. The UNM Health Sciences Center Risk Management Office also provides in-services, conferences and risk management skills seminars. We are happy to work with you and to participate in presentations for your unit, division or department.

    INCIDENT REPORTS: Incident Reports are required to be submitted on any non-intended occurrence, such as a missed or wrong medication, a fall, etc. Incident Reports should be completed and submitted at the earliest possible opportunity after The occurrence or discovery. The occurrence should be actually documented in the Medical Record as well.

    SUBPOENAS: You may, from time to time, be served with a Subpoena. The purpose of the Subpoena may be to testify on behalf of the State or other party in a criminal action, as witness in a civil lawsuit (such as an auto accident or workers Compensation case) or to testify on other matters. Service of a Subpoena is considered valid service when accepted by the individual to whom it is directed or delivered to an individual who has been authorized by the intended recipient to receive it on their behalf. If you receive a subpoena and you are unclear about what you need to do, please feel free to contact the UNM Health Sciences Center Risk Management Office.

    Subpoenas Duces Tecum request that the recipient bring certain items, usually documents, such as medical records with the individual who is served. No one but the designated Medical Records Custodian is allowed to remove medical records from the Health Sciences Center. You may take other items requested with you such as your C.V. If you receive a Subpoena Duces Tecum please contact our office so that a determination can be made as to what documents you are or not the custodian of for the purposes of responding to the Subpoena. In addition, some documents requested may be privileged from discovery.

  3. INVESTIGATORS, ATTORNEYS, LAW ENFORCEMENT, MEDIA CONTACTS:

    4. From time to time, you may be approached by someone investigating an occurrence within the Health Sciences Center. Prior to discussing any matters related to patient Center. Prior to discussing any matters related to patient care or facility/departmental operations, you should contact our office so that we can make a determination as to whether you should share the requested information. Please do not undertake to work with any investigator, attorney, reporter, or law enforcement officer without first clearing any such discussions with this office.

  4. CLAIMS AND LAWSUITS:

    5. CLAIMS: Any claim made by a patient or family member should be forwarded immediately to our office. Upon receipt by our office, the notice of claim will be sent to the Risk Management Division in Santa Fe. The claim will be assigned to an adjustor for investigation. The adjustor will obtain direct input from the individuals involved in the claim. Our office will coordinate these activities.

    LAWSUITS: Lawsuits are initiated by the service of a Summons and Complaint on the individual defendant (s) and the appropriate representative of the University. If you are served, please call our office immediately. Our office will then forward the Complaint to the State Risk Management Division (RMD) for defense. Defense of the lawsuit will be assigned to an attorney on contract with the State RMD. Specific attorneys may be requested by the named defendants, but the State RMD also reserved the right to make defense decisions, including settlements, as it deems appropriate, after receiving input from the named defendants. Individual defendants and chairpersons of departments involved in the lawsuit will be requested to participate in the defense process, including the provision of evaluations of care, the identification of defense expert witnesses, and assistance in obtaining supportive literature. These efforts will be coordinated through our office. Should you be served with a lawsuit or asked to be involved in the defense of a claim or a lawsuit against the University, you should not discuss the matter with anyone other than the assigned defense counsel or with individuals in our office.

  5. HOW TO GET ASSISTANCE:

    6. If you should require any assistance or have any questions, please call the University Hospital Operator at 272-2111 to page us.