Do you need malpractice insurance?

You're a competent practitioner and patients like you. So, do you really need malpractice insurance? Many DCs don't think so — until someone sues them.

Unfortunately, many lawsuits today have little to do with the quality of care you offer or even how "popular" you are with patients. They stem from misunderstandings, fee disputes, and advice from anti-chiropractic medical doctors.

A common scenario is the patient who doesn't "get well" on the first couple of visits. He goes to a medical doctor who says chiropractic is quackery and it might have made the situation worse. The patient's next step is to contact a lawyer's office.

A high profile example is the case reported on ABC's Primetime news program. The case involved Sen. Rick Santorum's wife, Karen Santorum, who sued for half million dollars, claiming that, according to the Primetime report, "a botched spinal manipulation by her chiropractor led to back surgery, pain, and suffering."

Karen Santorum claimed she suffered humiliation from weight gain and no longer had the confidence to help her husband on the campaign trail. Even though her subsequent medical bills totaled just $18,000, the jury awarded her $350,000 for her pain, suffering, and inconvenience.

Then there are the totally frivolous suits. The growing incidence of unfounded complaints and lawsuits — especially those filed as a get-rich-quick scheme — has gained national attention.

Although no reliable information that isolates chiropractic claims exists, the Physician Insurers Association of America estimated that, in 1995, medical doctors spent approximately $737 million defending against claims lacking merit.

While few figures are specifically available for the chiropractic profession, it is a safe assumption that DCs are experiencing a rise in frivolous malpractice lawsuits the same as MDs.

In Pennsylvania, 5,600 lawsuits were filed against Pennsylvania physicians between May of 2002 and November of 2004. Of those lawsuits, the Pennsylvania Medical Board reviewed 3,600 cases and found only four that showed merit.

"We don't have rampant medical malpractice in Pennsylvania. Rather, we have rampant medical malpractice lawsuit abuse," stated Robert B. Surrick, Esq., executive director of the Politically Active Physicians Association.

The escalating campaign to link chiropractic with stroke and other injuries has put all chiropractors at an even greater risk. Millions of people may see the "Injured by a chiropractor?" ads on buses and billboards, in newspapers, and on the Internet. Even though many of them never had a previous complaint about their chiropractor, the idea that chiropractic causes injuries will be implanted and it won't be long before there's a rush of lawsuits.

Instead of asking whether they really need malpractice insurance, chiropractors should ask themselves if they can afford to pay out a million dollars if they lose a lawsuit.

That's the median malpractice award, according to Jury Verdict Research. How about $235,000 — the median payment for a judgment as of 2000? While you might be able to pay a quarter of a million dollars to a plaintiff, would you have to sell your home or cash in your children's college fund to do it? And if you've been successful enough to have a million dollars or more in assets, the judgment might very well be higher.

Obviously, even the most successful DC could go bankrupt with one lawsuit. That's a high price to pay in order to avoid the cost of a policy.

It's extremely important to choose the right policy, since one that has numerous exclusions may not provide sufficient protection. For example: Some policies sold to chiropractors exclude care given to children under a certain age, to employees or family members, or even to professional athletes.

Sexual misconduct defense;
Board defense money;
Consent-to-settle provision (which give you the right to decide whether or not you want to settle out of court);
HIPAA defense; and
Defense for vicarious suits.

Make the decision to protect yourself and your assets by getting a good malpractice policy. It's the best investment in your practice you can make.

Timothy J. Feuling is president of Chiropractic Benefit Services (CBS) and a member of the board of directors of the World Chiropractic Alliance. He can be contacted at 800-883-0412, by e-mail at feuling@cbsmalpractice.com, or through the company's Web site, www.CBSmalpractice.com.