What to Do (or Not Do) When Sued by a Patient

As a chiropractor in the United States, it’s crucial to know how to protect yourself from the threat of malpractice lawsuits. In the event you’re sued for malpractice, understanding how to navigate the litigation process can help you build a stronger defense.

Chiropractic malpractice cases can be overwhelming and frustrating. That’s why it’s essential to be prepared with clear, practical steps to take. Every case is unique, so always consult with your legal counsel about your specific circumstances.

What is a malpractice lawsuit?

A malpractice lawsuit is a legal claim brought against a chiropractor, alleging negligence in patient care that resulted in harm or injury. In the context of chiropractic care, these lawsuits arise when a patient believes a chiropractor has failed to meet the accepted standard of care, leading to unfavorable outcomes.

The litigation process generally includes a few key steps:

• The patient or their lawyer files a complaint.
• The defendant, through their insurer and attorney, responds.
• Both sides gather information during pre-trial discovery.
• The plaintiff’s attorney and the defendant’s attorney will discuss the possibility of a settlement. The case could also be dismissed at any point during the process.
• If an agreement is not reached, the case could go to trial.

To learn more about what to expect during the malpractice lawsuit process, read this article.

Common reasons for chiropractic malpractice cases

Chiropractors may face lawsuits for various reasons, including:

• Failure to diagnose or misdiagnosis: If a chiropractor fails to identify an existing condition or misdiagnoses an ailment that leads to further harm, they may be held liable.
• Negligent treatment practices: This may involve providing treatment that is not within accepted standards or failure to refer patients to appropriate specialists when needed.
• Informed consent issues: Patients must be adequately informed of treatment risks, and failure to obtain informed consent can lead to legal repercussions.

The importance of professional liability insurance

Chiropractic malpractice insurance (also called chiropractic professional liability insurance) serves as a safety net, protecting you in the event of a lawsuit. It can cover legal fees, settlement costs, and judgments awarded in court.

When selecting a chiropractic malpractice insurance policy, consider factors such as coverage limits, exclusions, and claims history. Learn more about how to choose the right malpractice insurance policy in this article.

What steps should I take if I’m sued for malpractice?

Notify your malpractice insurance carrier

Upon receiving notification of a lawsuit, inform your insurance provider immediately. They will guide you through the process and provide legal representation.

Preserve patient records

Maintaining accurate and thorough patient records is vital during litigation. Ensure that all notes, treatment plans, and communications related to the patient are preserved securely. This documentation can support your defense and demonstrate adherence to professional standards.

Seek support

Facing a malpractice lawsuit can take an emotional toll. Gather a support network of friends and family to help you cope. Additionally, consider speaking with a mental health professional who understands the unique stressors associated with legal battles in healthcare.

Continue practicing within the standard of care

If you are in the midst of a lawsuit, proceed with caution when treating the involved patient. That aside, it’s essential to continue practicing within the chiropractic standard of care. If you have any concerns about risks or liability, consult your malpractice insurance carrier for guidance.

What shouldn’t I do when sued for malpractice?

Public discussions

Avoid discussing the details of the case publicly or on social media. Open conversations, even with friends or colleagues, can inadvertently lead to further complications in your case.

Communication with plaintiff(s)

It is crucial to refrain from contacting the plaintiff(s) to discuss the case. Any communication could be misconstrued and may negatively impact your case. All correspondence should go through your attorney and insurance provider.

Altering records

Never alter, add, or modify your patient records in any way once a lawsuit has been filed. Tampering with records can have serious legal repercussions and could undermine your case.

Independent investigations

Steer clear of conducting your own investigation regarding the case. It’s essential to rely on legal representation for guidance. Independent actions can complicate the situation and may be viewed unfavorably in court.

Hiring legal representation

Your malpractice insurance carrier will provide you with legal counsel. Do not attempt to find your own attorney; this can create conflicts and complicate your case. Trust the experts provided by your insurer to navigate the legal process.

Get coverage you can trust with ChiroPreferred

Reliable malpractice insurance from a trusted carrier is crucial to better defend yourself against a malpractice lawsuit. ChiroPreferred offers industry-leading chiropractic malpractice insurance and an expert claims team that you can count on to protect your good name.

Get a quote or contact our team to learn more.