In the course of your professional practice, you may have to make decisions on whether or not to report incidents that may lead to a potential claim. If you are even considering "should I report this incident?", then we recommend a strategy of ‘better to report than be sorry'.

There's no harm done when you notify Guild of an incident. You will not incur penalties but rather give yourself the best chance to obtain the best outcome for all parties. Reporting an incident merely means that we have a record, in the case that a claim might eventuate.

Reporting incidents:

• allows effective investigation to take place to help to avert a more serious claim, or defend a claim if received, and
• is also a requirement under your insurance policy for those incidents that the insured feels may give rise to a claim.

Another important reason to report incidents immediately is that Guild Insurance offers direct access to Guild Lawyers whose experience in these matters positions them ideally to provide advice on how to deal with potential claims.

There may be a tendency for people to avoid reporting incidents to their insurer, dealing instead with incidents personally for fear of repercussions. However, dealing with incidents without the knowledge of your insurer can be a particularly costly approach when it comes to professional liabilities incidents, and it can mean you won't have your insurer's support to help prevent a claim being brought against you.

Complaints and Board Enquiries
In recent times there has been an increasing trend towards aggrieved parties making complaints and enquiries to professional registration boards. An avenue viewed by those with a grievance as a relatively easy means to have some impact upon the person subject to their complaint. Some will seek to use decisions made by a professional body, as a catalyst to pursue a civil claim against allied health practitioners.

A concern from the perspective of Guild and the profession is that practitioners often seek to represent themselves, responding to enquiries and complaints without external assistance. This often overlooks the fact that the additional benefit of Legal Fees attaching to the professional indemnity cover from Guild, provides cover for the costs associated with representation and assistance with responses to board enquiries and disciplinary matters. While the board is there in the interests of the public, Guild is there to serve the interests of the professional. In a number of cases the outcome would have been significantly better for the practitioner involved if they had taken advantage of the service made available to them as a benefit of their policy.

Legal Support
If you receive a communication from your state registration Board notifying you that a complaint has been made, again contact us. Guild's policy covers you for $25,000 legal fees for disciplinary and/or coronial inquiries. A solicitor may be able to assist you with preparing a response to the complaint in the first instance, and assist you with preparing submissions for an informal hearing. Guild Lawyers can also represent you in formal hearings and help to educate you on court etiquette, what to expect and how to give evidence.

Reporting incidents is a practice that should be encouraged amongst staff and colleagues. It allows for support to be given and for decisive management strategies to be implemented, leading to the best possible outcome for all concerned.

When an incident occurs that might give rise to a claim or when a client of yours makes a complaint, you can contact our 24 hour emergency access line on 1800 810 213. Guild Lawyers can provide advice to help prevent a potential claim occurring and help you best approach your defense.