Chiropractic Malpractice Cases: Answers to Common Questions

1. Where do I begin if I’ve been sued by a patient?
   
   The first thing you should always do when notified of a lawsuit is contact your malpractice insurance carrier. They will help you manage claims and defend yourself throughout a lawsuit.
   
   
2. How can I evaluate my insurance company’s claims expertise?
   
   It is extremely important to select a malpractice insurance company with expertise in malpractice litigation. The company should understand the venue, specific state laws, as well as clinical practice standards in your state. Your company should also have a proven track record of defending (and winning) malpractice claims. Some key statistics to ask for are the insurance company’s trial win rate and number of claims closed without payment. Both numbers should be high. ChiroPreferred’s parent company, MedPro Group, closes 80% of claims without payment and wins 90% of claims that make it to trial.
   
   
3. What tends to be the most surprising/unexpected aspect of the claims process for insureds?
   
   The length of the process is usually the most unexpected part. It can take months or years for a resolution to come after a claim, especially if legal action is taken. Lawsuits prolong the process and typically take a year and a half to two years to resolve. Some lawsuits take even longer than that. Additionally, delays along the way are inevitable and contribute to a prolonged claims process.
   
   
4. What is the difference between a claim and a lawsuit?
   
   Both a claim and a lawsuit are legal demands for compensation, but the difference lies in where and with whom the negotiations and resolution take place.
   
   A malpractice claim is an accusation of negligence for the standard of care that is brought against a chiropractor by a patient or a patient’s attorney. Claims are usually settled between the two parties through the chiropractor’s malpractice insurance carrier and the patient or their attorney. However, claims can also be dismissed or withdrawn during the negotiations process.
   
   A lawsuit is a filed legal action within the court system that is brought against a chiropractor by a patient or a patient’s attorney. In chiropractic malpractice cases, a lawsuit accuses a chiropractor of negligence for the standard of care and alleges how said actions led a patient to suffer harm. Lawsuits are either settled by lawyers after negotiations outside of court or resolved by trial and jury verdict. The trial will lead to a determination of damages owed.
   
   
5. What is the best way to manage the stress of a claim/potential lawsuit?
   
   Claims and lawsuits can be extremely stressful. It is important to gather a support group, whether that is friends or family, who you can lean on for the duration of the claims or litigation process. There is never any shame in reaching out to a mental health professional if you feel you need more outside support.
   
   
6. What is the most important thing to avoid doing when sued by a patient?
   
   Never alter any records that pertain to the incident in the lawsuit and the plaintiff in general. Altering records will almost certainly have problematic consequences, which could affect litigation.
   
   
7. Who will communicate with me if I face a claim or am sued?
   
   There are a few channels of communication that will need to be active when facing a claim or a lawsuit. First, always report a claim or lawsuit to your malpractice insurance carrier as soon as you receive notice of it. From your malpractice insurance carrier, you will be in contact with a claims consultant who will help manage the claim and advise you. Depending on the circumstances, you might also be in contact with an attorney.
   
   If you have been sued, you will be in close contact with your appointed attorney, who will guide you through the litigation process and work on your defense.
   
   
8. How can I best prepare for a lawsuit?
   
   The best way to prepare for a lawsuit is to follow the advice of counsel and work with your chiropractic malpractice insurance carrier. Taking matters into your own hands is never a good idea – you can trust that your malpractice insurance carrier has the expertise and experience to help you through a lawsuit.
   
   Facing a chiropractic malpractice claim or lawsuit can be a traumatic experience. By understanding the answers to these common questions, you can be better prepared and practice with greater peace of mind.

All data is derived from MedPro Group records and calculations; claims data range is 2013-2022 unless otherwise indicated.

This article should not be construed as medical or legal advice. Because the facts applicable to your situation may vary, or the laws applicable in your jurisdiction may differ, please contact your attorney or other professional advisors if you have any questions related to your legal or medical obligations or rights, state or federal laws, contract interpretation, or other legal questions.

 ChiroPreferred is the marketing name used to refer to the chiropractic-related products offered by MedPro Group. MedPro Group is the marketing name used to refer to the insurance operations of The Medical Protective Company, Princeton Insurance Company, PLICO, Inc. and MedPro RRG Risk Retention Group. All insurance products are underwritten and administered by these and other Berkshire Hathaway affiliates, including National Fire & Marine Insurance Company. Product availability is based upon business and/or regulatory approval and may differ among companies. © MedPro Group Inc. All Rights Reserved.