Malpractice Claims Clause Samples
The Malpractice Claims clause defines the responsibilities and procedures related to claims of professional negligence or misconduct against a party, typically in a professional services agreement. It outlines how such claims should be reported, the process for investigating and resolving them, and may specify requirements for maintaining malpractice insurance or indemnifying the other party. This clause serves to allocate risk and ensure that both parties understand their obligations and protections in the event of a malpractice allegation, thereby promoting accountability and reducing potential disputes.
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Malpractice Claims. To cooperate and participate in the defense of any claims arising out of actions taken during residency training and other activities at or assigned by Employer. This obligation continues after Resident has left Program and is not limited to claims in which Resident had direct involvement or knowledge.
Malpractice Claims. There are no existing or, to the Knowledge of Greenbrook, threatened, malpractice Claims or any other Claims related to the professional negligence of Greenbrook, the Purchaser or any other Greenbrook Company or any of their respective employees, independent contractors, consultants, or affiliated medical providers, which Claim is not covered in full by the insurance policies maintained by the Greenbrook Companies.
Malpractice Claims. PPM shall require PPM Physicians to notify HUMANA in writing within forty- eight (48) hours or such lesser period of time as required by the applicable statute of this State of any Member claim alleging malpractice or the occurrence of any incident involving a Member which may result in legal action.
Malpractice Claims. There are no existing or, to the Transferred Companies’ Knowledge, threatened, malpractice Claims or any other Claims related to the professional negligence of the Success Subject Companies, the Seller Parties or the Success Subject Companies’ employees, independent contractors, consultants, or affiliated medical providers, which Claim is not covered in full by the insurance policies maintained by the Success Subject Companies.
Malpractice Claims. Once Quest has independent counsel, ▇▇▇▇▇ will then be free to decide upon litigation conduct that best beneQits Quest itself to effect a quick, efQicient, and just resolution of the action as opposed to the existing feverish, scorched-earth, wasteful, and futile faux defense of a defenseless case that is driven solely by Mssrs. ▇▇▇▇▇▇▇’▇ and ▇▇▇▇▇▇▇▇▇’▇ desperate effort to evade disciplinary action, malpractice claims, and likely termination of employment and partnership at their respective workplace. ▇▇. ▇▇▇▇▇▇’▇ simple request for his own medical records and his account billing statements, which was made repeatedly by pre-litigation electronic mail messages, Quest website inquiry form, telephone call, and overnight courier, has still never been afforded by ▇▇▇▇▇. Quest repeatedly refused to respond, perhaps due at Qirst to mere malfeasance of customer service representatives, which necessitated the instant litigation by a conscientious consumer and elderly stroke survivor (with a litigator for a spouse) determined to vindicate his right to obtain his medical records and billing statements and that could easily have been resolved by ▇▇▇▇▇'s simply complying with the HIPAA Privacy Rule and parallel mandates of state law by timely providing ▇▇. ▇▇▇▇▇▇’▇ medical records and billing statements. Indeed, ▇▇. ▇▇▇▇▇▇ had made a settlement offer in March of 2020 that simply sought provision of the medical and billing records (which would resolve central issues by deQinitively indicating (i) whether the glucose tolerance and tuberculosis tests had—or had not—been ordered for him and, if so, by which medical prescriber(s) and (ii) the amount of money, if any, he needed to pay in order to prevent Quest’s initiation of collection activity and reporting of delinquent accounts to credit-rating agencies), a commitment by Quest to assist other patients with similar requests, and mere payment of ▇▇. ▇▇▇▇▇▇’▇ court ;iling fee as follows in his settlement proposal: Mr. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Thank you for your call. I understand ▇▇▇▇▇ is engaged with coronavirus issues (and as I noted, I am personally with a 70-yr-old spouse and a 94-yr-old mother (in Calif.) trying to enter a facility). Of course, an extension is granted. Pursuant to our discussion, a proposed settlement would encompass, inter alia, the points below. Plaintiff reserves the right to make further additions and revisions. Kindly advise whether this is acceptable to Quest or whether any modifications are proposed:
Malpractice Claims. PROVIDER agrees to notify HUMANA in writing within ten (10) days or such lesser period of time as required by the applicable statute of this State of any malpractice claim filed against PROVIDER involving a HUMANA Member.
Malpractice Claims. You shall within seventy-two (72) hours, or such lesser period of time as required by the applicable law of the state in which you are located, notify EyeMed in writing of notice of any TRICARE Beneficiary claim alleging malpractice or the occurrence of any incident which is required to be reported under such statute.
Malpractice Claims. Notwithstanding Section 5.2 hereof, the parties hereto agree as follows:
(a) Seller shall indemnify, defend and hold Buyer and the Company harmless from and against any claim, demand or cause of action (“Claim”) that may be brought by a client of the Company against Buyer or the Company asserting negligence or malpractice in the representation of such client on or before the Closing Date.
(b) Buyer and Company shall indemnify, defend and hold Seller (and its affiliates) harmless from and against any Claim that may be brought by a client of the Company or the Buyer against Seller (or its affiliates) asserting negligence or malpractice in the representation of such client after the Closing Date.
Malpractice Claims. Providers shall within forty-eight (48) hours, or such lessor period of time as required by the applicable statute of this State notify Humana in writing of notice of any Member claim alleging malpractice or the occurrence of any incident which is required to be reported under such statute.
Malpractice Claims. DENTIST shall within forty-eight (48) hours, or such lesser period of time as may be required by any applicable state statute, rule or regulation, notify HumanaDental in writing of any Member claim alleging malpractice or the occurrence of any incident involving a Member which may result in legal action.
