What to Expect From a Chiropractic Malpractice Claim

Chiropractic malpractice claims can be overwhelming and confusing. However, learning about the process ahead of time can help you better prepare to manage a claim. Let’s break down the chiropractic malpractice claims process so you can practice with greater confidence.

The Claims Process

A malpractice claim arises from an accusation that some action of the chiropractor fell below the standard of care and is brought by a patient, a patient’s family, or a patient’s attorney. Claims are usually handled between the two parties through the chiropractor’s malpractice insurance carrier and the complainant.

Choosing a trustworthy malpractice insurance carrier with a strong claims team is one way you can prepare for any future claims made against you. It’s also helpful to know what to expect, so you understand the steps to take if faced with a claim. The process described below is what you can expect to occur when facing a malpractice claim.

1. Reporting a Claim to Your Malpractice Insurance Carrier
   
   Notice of a claim can come from either a patient or their attorney. In both scenarios, you should report it to your malpractice insurance carrier immediately.
   
   
2. Claim is Assigned to a Claims Consultant
   
   Once a claim is reported, it will be assigned to a claims consultant. Depending on the particularity of a claim, an attorney may be assigned to assist with the claim.
   
   
3. Initial Contact with Claims Consultant
   
   You will be contacted by a claims consultant who will go over the case with you, gather more information, and verify that your policy covers the claim.
   
   
4. Preparing for the Claims Process
   
   In preparation for your involvement in the claims process, there are some things you can do.
   
   
   • Gather all your documents/records about the treatment of the patient. Never alter your records – that includes adding, removing, or changing any information.
     
   • Avoid speaking about the claim to others. Only speak to representatives from your insurance carrier and any involved attorneys about it.
     
   • If you or your chiropractic practice receives any further communication from the patient, let your insurance carrier know immediately. Advise the patient that communications need to go through your malpractice insurance carrier.
     
     
5. Investigation and Evaluation
   
   Your claims consultant will speak to the patient or their attorney and will get all the relevant information to evaluate the claim, including:
   
   
   • Medical and chiropractic records from prior and subsequent medical or chiropractic providers
     
   • Any information they have to support their claim against you
     
     
6. Discuss Options Going Forward
   
   After the claims consultant has received all the patient’s records in support of the claim, they will evaluate the strengths and weaknesses of the claim being made against you. They will discuss the claim with you and will help you decide how to proceed from there. 
   

In the event of a claim, ChiroPreferred will be with you every step of the way. We’re an exclusive insurance offering from MedPro Group, part of the Berkshire Hathaway family—a name trusted around the world. MedPro’s industry-leading claims team has a trial win rate of 90% and closes 80% of claims without payment. Is your carrier prepared to protect your good name? It’s important to know that your insurance carrier will be there for you when it matters most. By understanding the claims process, you can feel a bit more prepared should you ever be faced with a claim.