Chiropractic Malpractice Insurance

Walter Roberts Insurance Brokers has been offering Chiropractic Malpractice Insurance since 1989. Axa Insurance (Canada) is ranked the 6th largest insurance company in Canada - premium income for 2000 exceeded $1. billion. The parent company AXA S.A. is represented in more than 60 countries with reported revenues of $106 billion, assets of $1132.45 trilion and holds the distinction as the 2nd largest insurer in the world.

Walter Roberts Insurance Brokers is the exclusive marketing and underwriting "arm" for the Axa Insurance (Canada) Chiropractic Malpractice Insurance program - all issuance of policy documents are expedited from our Richmond Hill location.

Chiropractic Awareness Council -Walter Roberts Insurance Brokers Inc. supports the principles which the CAC represents and is proud to have been chosen as the insurance provider to this association. All members of the CAC are entitled to a 2% reduction towards their Chiropractic Malpractice Insurance premium.

International Chiropractic Association-Walter Roberts Insurance Brokers Inc. is also proud to have been chosen as the insurance provider to the ICA. All members of the ICA are entitled to a 2% reduction towards their Chiropractic Malpractice Insurance premium.

World Chiropractic Association Canada-Walter Roberts Insurance Brokers Inc. is also proud to have been chosen as the insurance provider to the WCA Canada. All members of the WCA Canada are entitled to a 2% reduction towards their Chiropractic Malpractice Insurance premium.

Preparing For The 21 Centuryin an increasingly litigious environment, together with restrictions presented by the changing health care environment, bring new challenges to the Chiropractic profession. Today, it's important that doctors of Chiropractic stay current with new developments, and embrace sound risk management strategies that will create a safe and healthy environment in which to treat patients. To address these critical challenges, Walter Roberts Insurance Brokers Inc. presents to 4th Year CMCC graduates a seminar which reviews a variety of risk management strategies and techniques, and provide an overview of Chiropractic malpractice insurance.

Answers to...frequently asked questions

How often do patients really sue after treatment?

Almost 40 percent of all chiropractic malpractice suits are initiated more than a year after treatment and amazingly, some are actually initiated more than five years after treatment. That's the key reason Walter Roberts Insurance Brokers Inc. stresses the importance of keeping your policy current without a lapse of coverage.

I have been practicing for many years and I am extremely responsible with my patients treatments. Do I really require malpractice insurance?

While just about everyone understands the need for protection, some Chiropractors instinctively feel that if they are careful and conscientious, or if they think they provide low-risk treatment, their patients will never sue them.

Unfortunately, such an attitude simply doesn't agree with the facts. Statistics indicate that three out of every 100 insured chiropractors in the United States will experience a loss resulting from a malpractice claim each calendar year. Being properly insured cannot be overemphasized.

And even though many of the suits are completely erroneous - Chiropractic doctor's still need a knowledgeable Chiropractic insurer - Axa Insurance (Canada).

If I am presented with a claim for damages from a patient will Axa Insurance (Canada) defend me?

The answer is "yes". If you are a Axa Insurance (Canada) policyholder, the company will be with you every step of the way. Unique to the insurance industry Axa Insurance (Canada) has assembled a professional liability claims department which employs a team of Attorneys whom specialize in malpractice suits...and upon the reporting from a Chiropractic policyholder of an incidence which my give rise to a claim....you will be contacted immediately. And, unlike some other malpractice programs the Axa Insurance (Canada) provides in addition to your policy limit.....   unlimited legal defense costs when defending an action against you from a 3rd party.

Is it true that Malpractice Insurance Companies will settle a claim even if the Chiropractor has stated that he/she is not negligent?

Yes, some do. That is because it is often a lesser expense to the company whom provides coverage to settle rather than to defend. Your reputation is the most important consideration for you and for us. That is why Axa Insurance (Canada) provides within the policy wordings a "consent-to-settle" clause.This means that while you are provided with the best advise and counsel, the case will only be settled when the insurer and yourself agree to settle.  Axa Insurance (Canada) will not settle without your written consent. (Please review policy wordings for a full description of coverage's)

Malpractice Insurance is a financial burden which I would rather live without therefore with all things being equal I will place my coverage with the least expensive insurer competing in the Chiropractic Insurance marketplace. Is this a wise decision?

Perhaps under ideal conditions this would be wise, however..... unfortunately, all things are seldom equal. Axa Insurance (Canada) provides within policy wordings:

  • Consent To Settle
  • Unlimited Legal Defense Costs due to an allegation of professional negligence.....and will not reduce your policy limits.
  • Prior Acts

All things being equal, you can be sure Axa Insurance (Canada) will always offer you competitive rates consistent with the coverage's we believe are best for your profession.

Policy Features...

Prior Acts: This policy shall provide coverage for professional services which you had rendered prior to the effective date and is subject to malpractice insurance/protection having been in force prior to the commencement date of the policy. Any incident that you had prior knowledge of which may give rise to a claim will be excluded.

Claims Made Form:This policy will only respond to an allegation of professional negligence taken against the insured while coverage is actively in force. In other words, " should this policy be terminated by either party and an action is delivered to the insured after policy termination.....for a professional activity rendered while the policy was inforce.....this policy will not provide coverage to defend the insured".

Reimbursement Of  Legal Fees: Legal Defense costs to defend a malpractice claim are "UNLIMITED"!!!!!!! and in addition Axa Insurance (Canada) will provide reimbursement of legal fees due to the following types of incidences:

a) Disciplinary Action: reimbursement for legal representation for appearances before a disciplinary committee. $ 25,000. maximum for policy period. Attorney fees are reimbursed to a maximum hourly rate of $175.00. Coverage only applies if the insured is finally judged not guilty of the infraction or if the accusation or complaint is withdrawn. Subject to a $500.00 deductible.

b) Criminal Action: reimbursement for defense costs in criminal court while performing a professional act provided there is an acquittal.    $100,000. maximum per policy period. Attorney fees are reimbursed to a maximum hourly rate of $175.00.  Subject to a $1,000.deductible.

c) Coroners Inquest: reimbursement for all necessary legal fees when required to appear before a coroners inquest. $ 25,000. maximum for policy period. Attorney fees are reimbursed to a maximum hourly rate of $175.00. Subject to a $500.00 deductible.           

Territorial Limits

Coverage is limited to all professional activities only within Canada.

Extended Reporting Period

Axa Insurance (Canada) contractually offers at the option of insured and for an additional premium a one year "extended reporting period".   Example's of the need to consider this valuable coverage:

·         Chiropractor on leave of absence from profession.

·         Chiropractor retires

·         Deceased Chiropractor's estate requires malpractice protection from possibility of former patients serving action against estate due to professional negligence caused by deceased while delivering treatment(s).

Extended reporting period beyond one year is also available subject to underwriting evaluation and additional premium.

Note: The aforementioned description of coverage's is for informational purposes only and for exact policy wordings, conditions and exclusions please refer to policy

 

Chiropractic Malpractice Premiums

Policy Fee: $150.00 policy fee to be added to total premium. Policy fee is not payable via preauthorized payment plan. A separate billing of $150.00 plus applicable provincial sales tax will be forwarded, and fee is payable directly to Walter Roberts Insurance Brokers Inc.

New Chiropractic Professional Liability Insurance rates effective May 2004, have increased at an unprecedented level since the introduction of our Chiropractic Professional Liability Insurance Program in November 1989. It is vital that Axa Insurance Canada reflect a premium basis that realistically provide a level of comfort to manage the degree of risk associated with the possibility of future litigation against our policyholders.

The Chiropractic Professional has recently gained visibility among the general population due to the media exposure that was associated by the result of an Ontario Coroner inquest into the stroke death of a 45-year-old female. The inquest was initiated by the family of the deceased who died coincidentally, 17 days after receiving an upper-neck-adjustment, from a Chiropractor.

Axa Insurance Canada and Walter Roberts Insurance Brokers are proud to support the health benefits that the Chiropractic Profession provides to the community.

Unfortunately, the result of the Ontario Coroner inquest may provide a launching platform for future lawsuits against the Chiropractic profession.

 

EFFECTIVE     FEBRUARY 1, 2008    NEW RATES

$1,000,000 Per Claim/$3,000,000 Aggregate - $ 2,130.00 Prior Acts Included

$2,000,000 Per Claim/$4,000,000 Aggregate - $ 2,600.00 Prior Acts Included

·         CAC, ICA, WCA members please reduce above/below premiums 2% per affiliation to a maximum combined 4% reduction.

 

Chiropractic Care to Animals Coverage

·         Note: Qualification for this coverage is based upon completion of a course in Animal Chiropractic recognized by the Provincial Chiropractic Licensing Board in the policyholder’s jurisdiction.

$1,000,000 Per Claim/$3,000,000 Aggregate - $ 240.00

$2,000,000 Per Claim/$4,000,000 Aggregate - $ 380.00

 

Needle Insertion Acupuncture Coverage

$1,000,000 Per Claim/$3,000,000 Aggregate - $ 240.00

$2,000,000 Per Claim/$4,000,000 Aggregate - $ 380.00

·         Acupuncture, Homeopathy/Naturopathy, Chiropractic Care To Animals limits must concur with Chiropractic limit chosen.

 

Homeopathy/Naturopathy Coverage 

$1,000,000 Per Claim/$3,000,000 Aggregate - $ 240.00   

$2,000,000 Per Claim/$4,000,000 Aggregate - $ 380.00

·         Acupuncture & Homeopathy/Naturopathy, Chiropractic Care To Animals coverage(s) only available as a rider to Chiropractic Malpractice Insurance Policy. Limits of coverage chosen must concur with Chiropractic Limits.

 

New Graduates - Annual premium for 1st year of practice

$1,000,000 Per Claim/$3,000,000 Aggregate - $ 1,565.00

$2,000,000 Per Claim/$4,000,000 Aggregate - $ 1,790.00

New Graduates Only - Retroactive commences at policy inception date

 

Note: Premiums quoted do not include 8% Provincial Sales Tax.

 

HOW TO APPLY

As a Chiropractor your time is very precious....realizing this we have designed the Chiropractic Malpractice Insurance program to offer the following options:

Option's

§         Complete the questions listed within the online application and output this form from your printer. Fax the completed application along with your signature and date. Forward the original completed application via regular mail along with annual premium payment (including 8% P.S.T.) payable to "Walter Roberts Insurance Brokers Inc." For monthly preauthorized payment plan option please read below.

§         Complete the questions listed within the online application and output this form from your printer. Forward by mail this completed application along with your signature and date. Please include the annual premium (including 8% P.S.T.) payable to "Walter Roberts Insurance Brokers Inc.". For monthly preauthorized payment plan option please read below.

Pre-authorized Payment Plan : Eliminate the pressure of paying your entire annual premium at one time....enroll in the Axa Insurance (Canada) preauthorized monthly debit plan from your bank account. When applying via fax please also include with your faxed application a "void" cheque or ......if you have chosen to apply via mail please include with your application a "void" cheque.  Axa Insurance (Canada) will charge a 3% annual service fee for this method of payment. i.e. $1375.00 annual premium - 3% - $41.25 annual service fee. Service fee will be drawn monthly over the course of your policy period. Do not forward any payment as a withdrawal equal to one month premium will occur at the commencement date of your policy.

Whichever method which you have chosen to apply.....please forward the completed original hard copy of your application via regular mail as we require your original signature.

Coverage will commence the same day which we receive your completed application.  Of course.....acceptance of your policy is based upon a favorable underwriting decision after review of your application.

Disclaimer Notice: All information is provided only as a brief description of limits and coverages. Please refer to the actual policy wordings for a full description of policy conditions and exclusions which will apply.