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Malpractice Insurance: A Necessity in Today’s Litigious Society

Professionals — chiropractors, attorneys, architects — anyone whose words, actions or deeds carry with them a duty to the public, need malpractice insurance. Professionals are exposed to more risk than the average person and can land in court for simply doing their jobs.

However, while most chiropractors understand the need for protection, some doctors of chiropractic instinctively believe that if they are careful and conscientious, or if they provide low-risk treatment, their patients will never sue them.

Unfortunately, this perception simply doesn’t agree with the facts. Statistics indicate that, at any given point in time, three out of every 100 chiropractors in the United States are involved in a malpractice claim. And, while total claims today are somewhat lower than a few years ago — resulting in part from improved practice risk management by DCs — jury awards are considerably higher. Regardless of trends, when you are hit with a malpractice claim, it can get very expensive, very quickly.

That’s why it’s to your benefit, as a professional, to find an insurance policy that protects your livelihood, reputation, and helps ease your emotional state in the event you are accused of malpractice.

Today, more than 20 companies offer chiropractic malpractice insurance. Some market their products in every state and others only in certain states or regions. Each has a particular business viewpoint and sells similar products at comparable prices.

For you, as a consumer, it may seem an overwhelming task to find the best value for your dollar. However, by comparing one product with another, you can make an informed decision and determine what’s right for you.

Here are some factors to consider as you research malpractice insurance and insurers:

You may also come across a company formed as a Registered Purchasing Group (RPG). An RPG is not an insurance company; rather, it’s a group of people who form an association, which in turn buys insurance from an insurance carrier. This process is like buying group health insurance. Insureds covered by an RPG may have to pay yearly association fees. Insurance brokers may also offer chiropractic malpractice insurance. Insurance brokers are agents that sell insurance originated by an insurance carrier.

A word of caution: RPGs and insurance brokers aren’t typically rated by A.M. Best. Therefore, when you are discussing insurance protection with an RPG or an insurance broker, ask whether the insurance carrier has an A.M. Best rating. A higher rating assures the financial condition of the insurer.

However, there are policies with a consent-to-settle clause that contain a “hammer” in its policy language. Consent-to-settle clauses with a “hammer” may, in effect, coerce an insured to settle the case when, in fact, it is the company that decides to do so. The language of the policy will read something like this, “If the insured refuses to settle the claim and chooses to contest the claim or continue legal proceedings, then the most the insurance company will pay is the amount for which the claim could have been settled plus claims expenses incurred on the day the insured refused to settle.”

There are many factors to consider when buying malpractice insurance. It’s to your benefit to be an informed consumer and find the coverage that fits your needs; to find a company that can provide the best defense attorneys as well as claims handlers who are experienced with chiropractic cases; to find a company that is visible in your profession and knows you and your practice, and to find a company that cares about you and your success.

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