As many as one in three physicians will be the subject of a malpractice claim, and chiropractors are not immune from this risk, either. Like doctors, chiropractors can face malpractice claims from patients who feel they did not receive competent care or experience the results they expected.
As unpleasant as it may be to be named in a chiropractic malpractice suit, you should familiarize yourself with how these claims are brought and resolved. This information can encourage you to seek help from a chiropractor license defense attorney early in the process, especially since a malpractice claim can affect your license to practice.
You May Not See a Chiropractic Malpractice Case Coming
It is a common misconception that visibly angry patients file all malpractice cases. While some do, others decide not to file a suit for a variety of reasons:
- Their anger is an emotional response, and they view their situation differently upon reflection
- They are able to negotiate a satisfactory resolution directly with the provider
- They do not want to invest the time in pursuing a malpractice claim
- They cannot locate a malpractice attorney to take their case
Conversely, some malpractice cases get filed by patients who do not experience the outcome they anticipate but do not appear visibly upset. Nevertheless, you might still be alerted to an impending malpractice claim if you:
- Notice a negative online review from a patient
- Hear that a patient is airing their grievances or complaints to other patients
- Receive a demand for a refund or adjustment to a patient’s bill
- Get a letter from an attorney in the mail
Some patients may display their intention to pursue a malpractice claim by first filing a disciplinary complaint against you. If you receive notice of such a complaint, speak to a chiropractor license defense attorney immediately about your next steps.
Notify Your Insurer About Any Chiropractic Malpractice Claim
Do not ignore any legal notice you receive regarding a malpractice claim. Pretending you are not being sued will not help you, your reputation, or your practice. Instead, if you receive notice that a patient filed a malpractice claim against you, notify your malpractice insurer immediately.
While your insurer begins the process of investigating and responding to the malpractice claim, you should notify your chiropractor license defense attorney of the suit, too. Even if the patient never files a disciplinary complaint, you still may have a professional obligation to report the lawsuit to the licensing authorities. Failing to do so can lead to disciplinary action.
Cooperate With Your Insurer and License Defense Attorney
Your insurer’s primary focus is resolving the lawsuit as inexpensively as possible, while your attorney’s priority is protecting your license. To fulfill these purposes, your insurer and license defense attorney need you to cooperate with them. This means you will need to make time to:
- Gather requested records for their review
- Discuss any communications you have with the patient or anyone representing the patient
- Answer questions about the situation that the insurer or attorney may have
- Promptly return telephone calls and communications
- Participate in strategy discussions
- Attend hearings as directed
It is vitally important that you make efforts to preserve all records and other evidence regarding the patient and your treatment of them. Do not destroy these records or alter them in any way. Segregate them from other records so that they are not inadvertently lost, damaged, or shredded.
Depending on the merits of the malpractice suit and any disciplinary action being taken, all of these tasks can be more than a minor inconvenience. However, failing to cooperate with your insurer and attorney can prolong the resolution of your matters and affect the options available for resolving them.
Remain Professional Throughout the Process
It is normal to feel stressed, anxious, or depressed when you are sued for malpractice. Try to remain calm and professional in your interactions with other patients, investigators, and other attorneys. Do not take to social media or any public forum to comment on the suit or the patient without first discussing it with your lawyer.
Your ethical obligations as a chiropractor extend beyond providing reasonably competent care. The way you respond to allegations in a lawsuit can be grounds for disciplinary action, even if the malpractice suit itself lacks merit.
For example, inadvertently revealing private information about the patient to the public through social media would be grounds for professional discipline regardless of the patient’s lawsuit.
Keep the State Licensing Board Apprised of Your Case’s Status
One of the benefits of working with a chiropractor license defense attorney throughout your malpractice claim is they will ensure the licensing board is apprised of your suit’s status. You are required to report certain judgments, settlements, and arbitration awards to the licensing board, and your attorney can ensure you comply with this requirement.
Possible Outcomes in a Chiropractor Malpractice Suit
Many malpractice suits will settle, resulting in the patient receiving a sum of money in exchange for their agreement to drop their lawsuit. If you, your attorney, and your insurer determine the patient’s suit is baseless, they may suggest disputing the claim in court. This is a significant decision that you will need to make with your lawyers’ advice.
Remember that a positive outcome in your malpractice suit does not necessarily mean you will not face disciplinary action. The state licensing board can conduct an independent investigation into the incident and decide to impose some consequence on you if standards and norms were violated.
How S J Harris Law Can Help You Keep Your Chiropractor License
Your chiropractor license defense attorney from S J Harris Law appreciates the stress you are under if you are a California chiropractor facing a malpractice suit. When you retain S J Harris Law, your lawyer’s experience and skills will be put to use in protecting your reputation and license from unwarranted disciplinary action.
Treat every malpractice suit and disciplinary complaint seriously. Ignoring a suit can lead to judgments against you and corresponding disciplinary consequences. Instead, contact S J Harris Law immediately for direction and representation.
