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Sexual misconduct charges -- are you covered?

Unfortunately, sexual misconduct allegations are becoming more and more prevalent among the chiropractic profession. While many of these charges are well founded and justifiable. However, often, they are based on misunderstanding or even malice rather than on a doctor's actual behavior.

The National Chiropractic Mutual Insurance Company (NCMIC) recently responded to this problem by marketing a book about sexual misconduct in the chiropractic workplace. Although I haven't seen it, I would imagine it contains valuable information on the sexual boundary issues and help you understand the topic of sexual misconduct.

However, the book is no substitute for a proper defense in case you are the victim of a sexual misconduct allegation.

The Chiropractic Benefit Services (CBS) Malpractice Program is also responding to the problem, with a pledge to protect you from expensive legal costs if you are accused of sexual misconduct.

Chiropractic Benefit Services is dedicated to serving our insured at every level possible. We definitely have the best and most complete malpractice coverage in the entire profession -- and that includes accusations of sexual misconduct as well as malpractice.

Chiropractors are involved in a hands-on profession and therefore their actions can often be misinterpreted as crossing the boundaries of propriety. In addition, money has motivated some patients to file frivolous and unwarranted lawsuits. Because of the public humiliation of being accused of such actions doctors will often settle even if they are completely innocent.

Strictly speaking, such lawsuits do not fall into the category of "malpractice" and it is questionable whether or not some malpractice insurance policies will cover doctors for them. Doctors who think they are protected against anything their patients can throw at them may find themselves abandoned by their insurance company just when they need it the most.

That won't happen to doctors insured with CBS. CBS is the only malpractice insurance program I have found that covers the defense of sexual misconduct allegations.

Naturally, we expect all doctors of chiropractic to conduct themselves with both propriety and sensitivity around their patients and staff. However, this doesn't mean you're immune to complaints about sexual misconduct. That's why we feel you need this type of coverage to give you full security in your practice and in your malpractice protection.

Will your carrier stand by your stand if you are accused by a patient of sexual misconduct? Or will they encourage you to settle out of court to make the whole matter disappear?

It's something we all hope we'll never face. But to think it can't happen to you is naive and dangerous. In the past, chiropractors used to think they didn't need malpractice insurance at all. They were seldom taken to court and accused of any kind of professional malpractice.

But times have changed. Patient loyalty isn't necessarily as strong as it was in decades past, and the perception that chiropractors are "rich" has made them attractive targets for unscrupulous patients and attorneys.

You are vulnerable and need to protect yourself and your assets. That protection must extend to all possible threats, including that of accusations about sexual misconduct. If your carrier doesn't specifically pledge to stand by you in those instances, you need to call CBS before you examine another patient.

(Timothy J. Feuling, who majored in finance at Arizona State University, is Vice President of the World Chiropractic Alliance and specializing in assisting doctors maximize their practices through the proper choice of insurance and related services. Doctors can contact him with questions, comments, and requests for insurance quotes at 2950 N. Dobson Rd. Ste. 1, Chandler, AZ 85224, by phone at 1-800-347-1011 or by e-mail at feuling@cbsmalpractice.com).

 

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