Last Updated: November 4, 2024
IPFCF no longer accepts the Claims Paid Report via paper submission effective 01/15/2020.
The online form is available here
. How do you file a medical malpractice claim with the Injured Patients and Families Compensation Fund (Fund)?
The Fund pays the portion of a medical malpractice claim which is in excess of the limits provided by a provider’s primary insurer or self-insurer, currently $1 million. A person filing a claim may recover from the fund only if:
the health care provider or the employee of the health care provider has coverage under the fund;
the fund is named as a party in the legal action; and
the legal action against the fund is commenced within the same time limitation within which the action against the health care provider or employee of the health care provider must be commenced.
The Fund contracts with an outside vendor to manage the adjudication of claims.
The process is outlined as follows:
The Fund is named in a suit by the plaintiff, which is served on various parties and the Fund.
The Fund verifies whether the provider(s) named in the suit had Fund coverage at the time of the claim incident.
The claims contractor establishes claim files.
The claims contractor, with approval from the Fund director, hires outside counsel.
The claims contractor monitors the case progress with defense counsel.
The claim is either settled through negotiations with the plaintiff or is decided at trial.
How do I serve the Fund?
You may serve in person at our office:
Office of the Commissioner of Insurance
101 East Wilson Street
Madison, WI 53703
Service of process
MUST INCLUDE ONE AUTHENTICATED COPY of the papers to be served.
If you choose to serve the Fund by mail or email at
ociipfcfsop@wisconsin.gov, the requirements are the same.
Of note: When serving via email, a service will be considered complete upon transmission, but it won’t be effective if the serving party receives notification or indication that the message was not delivered. You will receive a Certificate of Service verifying that your service has been successfully served on the Fund. If you have not received the Certificate of Service within 10 days of service, please contact the Fund.
For federal lawsuits, email or mail does not constitute a waiver of personal service requirements. Please include a waiver of personal service form as would be used in a service-by-mail under FRCP 4.
Monthly Claims Paid Report
Wisconsin authorized medical malpractice carriers are required to report any claims paid to the Board of the Fund every month. Section 655.26
, Wis. Stat., outlines the parameters for the claims paid reports. Per s.
655.26 (3), Wis. Stat., if more than one payment will be made on a claim, the first report filed after the first payment is made on the claim shall include the total amount of the award of settlement and the projected scheduled of payments.
The
Claims Paid Report
is required to be filed by the insurer the 15th day of each month. This report is required to be filed using the online form as of 01/15/2020. Should you have any questions regarding the correct completion of the report, please visit our
Claims Paid Report FAQ or contact the Fund.