Chiropractic Bulletin Board
In today's litigious society, even the best doctors of chiropractic exercising the highest standards of the profession may be named in a malpractice allegation.
Walter Roberts Insurance Brokers Inc. recognizes the value of communication amongst Chiropractors and in this spirit we have included the Chiropractic Bulletin Board as an open forum to post articles submitted by Chiropractic practitioners.
Please e-mail articles, date and location of special Chiropractic events and any other literature which you feel will benefit the Chiropractic community. E-mail to: www.walterrobertsinsurance.com
Visit www.ChiroWeb.net. - Chiropractic Directory, Links to Chiropractic Sites, Supplies and Resources...designed for Chiropractors and Chiropractic Patients.
Periodically as informative risk management publications become available we will include links to the locations of these sites- please visit the following:
Informed Consent
Axa Insurance (Canada) recommends that prior to the undertaking of diagnostic testing or treatment the Chiropractor should obtain from their patient informed consent, and to document in the records that this process had occurred. It is the Chiropractic doctor's responsibility to ensure that the patient is properly informed, understands, and consents to the proposed treatment plan. A patient has the right to exercise control over his/her body by making an informed decision concerning whether or not to consent to a course of recommended Chiropractic treatment. The Chiropractor has a duty to disclose to the patient any risks involved in the proposed treatment.
A well informed patient is one that will feel integrated with the Chiropractic treatment plan and is less likely to feel alarmed when ie. expected "normal" level of tenderness is experienced following a Chiropractic adjustment.
Axa Insurance (Canada) does not require a Chiropractor to request a patient to sign an "informed consent".
Steps Involved In A Malpractice Allegation
The following is a summary of the steps involved in a typical malpractice claim:
Notice of Claim
A claim generally is brought to your attention through a letter from the claimant or the claimant's lawyer. The letter typically alleges that the claimant was injured through chiropractic treatment you provided and damages were sustained. In addition to the aforementioned Axa Insurance (Canada) defines a claim for insurance purposes to also include the following:
a) A claimants verbal or written claim for money damages.
b) A fact or circumstance which could reasonably give rise to a claim for money damages.
When should you notify your insurance representative?
As a policyholder you have an obligation to notify your insurance representative immediately upon a fact or circumstance which could reasonably give rise to a claim for money damages.If you have been served with a statement of claim you will be requested to provide the claims adjuster with the following:
a) All chiropractic records pertaining to the patient.
b) All details concerning the particulars of the chiropractic treatment...history etc.
Discovery Process
Your lawyer will file a defensive response and the discovery phase will commence. The term "discovery" means the process by which a lawyer attempts to uncover the facts from the alleged injured party. Discovery may include depositions of you, as well as the plaintiff and/or witnesses, in the presence of a court reporter. Depositions will provide an overall view of what evidence will be submitted if and when the case proceeds to court.
Expert Witness
In malpractice cases, the plaintiff is required to prove that you, the defendant, have deviated from the established standard of care, and that the alleged injury was further aggravated or caused by your negligent treatment. In most cases, expert testimony is required to sustain this burden of proof. Your defense lawyer also will produce expert witnesses to defend your position.
The proceeding was provided as a "snap shot" of events which typically may occur following an incidence which could result in an action taken against you for professional negligence.
Disclaimer Notice: Any articles or mention of links to other sites within the internet are provided strictly with the intentions of informing the reader of the availability on the internet of such articles and or links. Information contained within the aforementioned sites are under no circumstances intended to reflect any of the opinions of Walter Roberts Insurance Brokers Inc. Any information within this site is not intended to provide the reader with legal advice - if such advice is required please refer to a professional in this field.