13 ways to avoid malpractice suits
By William G. Cobb, Esq.

No doctor wants to become the target of a malpractice suit. But many malpractice lawsuits can be avoided. Here are 13 tips that can help you avoid seeing the inside of a courtroom and your attorney’s office.

1. Maintain rapport with your patients. Patients are frequently reluctant to sue chiropractors whom they know and respect. The importance of pleasant, courteous — but professional — “bedside manners” cannot be overstated.

2. Keep good records. Maintain accurate and complete records for each appointment and make them contemporaneously with the patient’s treatment. Periodically revise outdated patient history forms to ensure they will elicit the information you need for proper treatment.

3. Never alter records. If you need to correct an entry in a chart, consider making a specific notation that you have revised the record. Explain why you made any revisions or corrections and initial them.

Do not “squeeze in” notes. Do not use different pens for the same progress chart note. Never use correction fluid. And don’t make changes once the records have been released to any third party.

4. Make your chart notes mirror billing codes. Malpractice claims are more difficult to defend when the insurance bills contradict a chiropractor’s chart notes (or vise versa).

5. Consider using ‘informed consent’ forms. While laws vary from state to state, I advise my chiropractic clients to inform their patients of the known material risks and/or significant side effects of treatment.

6. Know the law. Familiarize yourself with state laws regarding chiropractic, including any administrative regulations or codes from your state or chiropractic governing board. Many of these statutes or codes impose practice parameters of which DCs should be aware.

7. Respect your limitations. When you believe your expertise is exhausted or inappropriate for the patient’s condition, refer the patient to an appropriate healthcare provider and document doing so in your records.

8. Avoid personal relationships with patients. Many state statutes and codes prohibit sexual relations between a chiropractor and a patient, deeming such to be “unprofessional conduct.”

9. Supervise your staff. You may be liable under your state’s laws for any employee errors or omissions. Ensure your professional staff is aware of and adheres to your professional standards.

10. Purchase malpractice insurance with adequate limits. Recommended coverage is $1 million or more.

11. Get counsel when necessary. If your state board pursues a matter against you, hire an attorney. A professional discipline claim could mature into a negligence action.

12. Adopt an office sexual harassment policy. And follow it. Failure to do so will complicate the defense if a sexual harassment claim arises.

13. Attend continuing education classes. Retain documentation of these courses.

By applying the above tips, you’ll put into practice many of the same concepts used by chiropractors who have remained claims-free throughout their careers.

William G. Cobb of Erickson, Thorpe & Swainston, Ltd. has been in practice for 30 years and emphasizes the defense of healthcare professionals, particularly chiropractors. He represents NCMIC, which provides malpractice protection to the chiropractic profession. He can be contacted through NCMIC, www.ncmic.com or 800-769-2000.

DISCLAIMER: This article is offered solely for general information and educational purposes. It is not offered as,
nor does it constitute, legal advice or opinion. You should not act or rely upon this information without seeking the advice of an attorney.