You certainly need to look at your state law and see how that reads, since that will be one of the main standards you will be held to should a malpractice allegation arise. Another important issue is to make sure there is congruency in what you say you do and don’t do and what you actually do or don’t do.

If you maintain that you do not diagnosis or treat any disease or condition other than subluxation, your patient records need to bear this out. If you have paperwork, educational material, etc., that make such statements and you have patients sign it and put it in their file, this becomes part of the record. If you then bill a third party, fill out a HCFA form, stick a stamp on it and mail it to the insurance company, this is now part of the record as well.

The problem arises when chiropractors maintains they don’t diagnose anything except subluxations and then send out bills to an insurance company with a laundry list of diagnosed conditions in addition to subluxation. This looks very bad in your deposition and it looks even worse when your proclamations and insurance claims are blown up and put on an overhead for the jury to see.

The lesson here is not to contradict yourself. Go through your forms, paperwork, educational materials, and advertising and make sure you are not saying one thing and doing another.

As always I look forward to your feedback, comments and questions.