The first 24 hours after an event
that causes serious injury can be critical to the eventual
outcome.
If you are notified of a serious injury to a patient
using your equipment you should:
- Immediately call VGM Insurance.
- Assemble the details about the patient (diagnosis,
equipment, pertinent dates, etc.)
- Identify
the employees who have dealt with the patient
and have phone numbers available.
- Assemble all known
facts about the incident, but DON'T conduct your
own investigation.
- Do not admit fault or give
out any information before speaking with VGM Insurance.
Know Your Manufacturer
Know the name of the manufacturer's for
the products that you are selling/renting.
EXAMPLE: A
quad cane collapsed causing an injury. No label was
on it
and
no documentation indicating whom
the manufacturer was is available.
The
Home Medical Equipment dealer
has now, in effect, become
the manufacturer. Generally
the manufacturer would also be named in this suit to
share in the cost or, in many
cases,
pay most of the settlement. This
type of
claim can
quickly
use up
a significant portion of the liability limits of your
policy as defense costs.
SOLUTION: Make
sure manufacturer's labels are attached to the product
and proper documentation of each transaction is recorded.
Include manufacturer's name, serial number, model and
date of sale
in your records. Know whom
you are buying from and who made the product. Deal only
with reputable U.S. manufacturers.
Van Lifts and Vehicle Modifications
Patients in wheelchairs or who use scooters often
need a special lift device so they can get in
and out of a
van. Lift installation
often
requires that
the vehicle be modified.
EXAMPLE: A van lift was sold
and installed in a patient's van by an insured
who was not the lift manufacturer. Two years later,
the patient was on the lift when it failed to completely
descend before
the ramp
extension dropped.
When
the patient began to back off the main portion
of the lift, it sprang upward
and flipped the individual, resulting in a broken
leg.
SOLUTION: The
seller who installs a van lift must follow the manufacturer's
instructions to the letter. When the installation
is complete, the patient must be notified that
any modifications
or
required maintenance
must be
properly documented.
If yet another individual is making modifications
or annual adjustments to equipment, it extends
the liability
potential.
Patients should
be notified that if adjustments
are made by anyone other than the installer,
the installer isn't liable for
those adjustments. If adjustments that differ
from the manufacturer's instructions are made
during
installation, the patient should
be notified and should
sign a document indicating approval.
Bath Safety Aids
Bath bars and similar aids are sold and frequently
installed by HME dealers. Liability potential
exists.
EXAMPLE: A patient was using a grab bar
to get out of the bathtub. The bar
came loose from the wall, and she claimed
her hand and back were injured.
SOLUTION: Bath
bars must be properly installed to prevent liability
to the seller. If the bar actually breaks,
instead of coming free from the mounting
because
of improper
installation,
liability
will
most likely
rest with
the manufacturer. The item in question
must be examined immediately, and
photographs taken to document
the defect, if any.
The manufacturer should be notified
of potential liability if a defect
is identified.
Improper
installation will
likely be
alleged.
It is
critically important to investigate
the incident and discover the actual
cause so the liability issue can
be put in proper
perspective.
|
