How to avoid a disciplinary hearing
By Bruce Hodges, DC

Being notified about a disciplinary hearing can be a very unnerving experience. Your reputation, as well as your very ability to practice chiropractic, could be on the line.

But you can improve your chances of prevailing at a hearing and avoiding a disciplinary action in the first place by taking the following preventative measures.

• Establish and maintain good patient relationships. Doctors often make the mistake of minimizing the importance of effective patient communications because they don't consider it to be "scientific."

Interviews with malpractice lawyers show that approximately 40 percent of lawsuits are brought against doctors because they are perceived to be uncaring, arrogant, hurried, unwilling to answer questions, or disrespectful. Another 40 percent of lawsuits are filed because the doctor failed to explain the treatment. It's my experience that these numbers hold true for disciplinary actions as well.

• Review the laws and regulations of your state. Many appearances before the disciplinary boards are by doctors who have forgotten the laws — especially relating to advertising parameters, scope of practice, and continuing-education requirements. Unfortunately, forgetfulness is not a viable defense and misunderstandings can prove costly.

• Know and follow the rules. Adhere to your state's statutes and know the rules and regulations for treatment plans, methods, documentation, and conduct with patients. Ask yourself if a "competent" chiropractor would have managed the patient or documented the case in a similar manner. Be aware that common complaints include: treatment events, patient complaints, improper billing practices, records subpoena, and improper advertising.

• Keep detailed and accurate records. They're your first line of defense in the event of a disciplinary action and will corroborate your testimony when questions arise. Also, be aware that prosecutors are increasingly targeting DCs for fraud when the clinical records don't match up with the billing records.

• Keep romance out of the office. Don't become romantically involved with patients or staff members.

When the relationship goes sour, the patient or staff member may decide to file a complaint with the board, claiming sexual misconduct and a violation of the doctor/patient relationship.

Then, if the board renders a decision against the doctor, the patient often will seek monetary damages in civil court, using the board's decision as evidence against the doctor. Also realize that some patients have unscrupulous motives. Many doctors have been "set up" by patients seeking monetary gain.

Chiropractic disciplinary hearings are a looming issue for today's DC. But by understanding what is involved and taking appropriate steps, you can minimize your risk.

SIDEBAR:
What happens at a disciplinary hearing?
Guilty? Possible penalties

Bruce Hodges, DC, served for five years on the Indiana Board of Chiropractic Examiners, which is also the state disciplinary board. Formerly coordinator of ethical practice management at National Chiropractic College, he is now the chair of the college's chiropractic department. He wrote this on behalf of NCMIC (www.ncmic.com), a malpractice insurance provider.