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A publication of the World Chiropractic Alliance

 

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August 2002

Putting a stop to frivolous and malicious board complaints 

by Dr. Terry A. Rondberg

Board complaints can be an important way to alert licensing officials that a chiropractor hasn't met the state's professional standards or hasn't acted in the best interests of a patient.

However, it's fairly common knowledge that most consumer complaints involve fees rather than any actual problem with the care provided. It's also well known that most complaints aren't filed by patients at all but by other chiropractors!

That's not necessarily a bad thing. After all, we should "police" ourselves and be concerned about the competency of our colleagues. But the grim fact of life is that many (perhaps most) of these complaints are filed out of spite, envy, vindictiveness or plain fear of the competition.

Lately, it seems the number of complaints that ultimately boil down to "I don't like that guy down the street," or "I don't agree with the way she practices chiropractic," are increasing.

A case in point is a recent situation in Maryland, where one doctor filed a complaint against a colleague, alleging that he hadn't performed "orthopedic or neurologic tests" and limited his practice to upper cervical adjustments.

The complainant had inherited a disgruntled patient and readily agreed with him that the previous D.C. had provided "inappropriate treatment."

The target of the complaint argued that he provided excellent, subluxation-based care. He told me he has a Palmer Upper Cervical Specific practice and adjusts C1 or C2 only -- something he makes clear to all patients.

"I use the exact same forms in my files as the BJPCC. My patients sign the CBS 'Terms Of Acceptance' as well as an office policy page," he said. "I have been in practice just over two years and am livid my character has been called into question. I would like nothing more than to slam dunk this whole thing ASAP!"

He isn't the only one faced with such ridiculous and rancorous harassment from doctors who apparently think it's a crime not to practice the way they do.

I don't know what the Maryland board will do about this complaint. Hopefully, they'll see how ludicrous -- and unlawful -- it is to demand that all D.C.s practice beyond their scope and perform a battery of unjustifiable medical tests.

But even if they do, this doctor will have a blot on his career and his record. The patient, buoyed up by his new doctor's encouragement, will no doubt tell other people about the complaint and the rumor mill will work overtime to smear his reputation. I wouldn't be surprised if the patient uses the complaint as an excuse to demand a refund of any money he paid to his first doctor.

All because a colleague doesn't think there is room in our profession for an upper cervical practitioner.

Such complaints are becoming all too common and ruining too many careers. Until recently, board members have claimed they and the complainants are immune from liability for the allegations contained in complaints filed with the board.

What they don't openly admit is that there is usually an exception to that rule, and that is when the complaint is filed "in bad faith or for a malicious purpose."

That isn't always the easiest thing to prove, but it shouldn't be impossible either. After all, there is well documented evidence to prove that chiropractic is NOT limited to back pain; does not necessitate the diagnosis or treatment of illnesses or conditions; can be beneficial to women, children and asymptomatic patients; and can legally, morally and ethically be confined to the detection and correction of vertebral subluxation. Given this easily accessed evidence, what other reason could a doctor have for filing such a complaint over these practice issues?

They could plead ignorance of course, but if they aren't aware of any of this evidence by now, they are the incompetent ones and should be subjected to the same harassment they are making their colleagues endure.

I, therefore, urge all doctors who find themselves targeted by malicious or frivolous board complaints to fight the charges -- and then go one step further and consult with their attorney or the World Chiropractic Alliance Chiropractic Advocacy Council to seek redress for the harm done to them.

The intention here isn't to scare doctors away from filing legitimate board complaints against colleagues who pose a threat to the welfare of their patients. We must all remain vigilant and act decisively if such a situation arises.

However, if they know their victims won't take such abuse lying down, doctors will think twice about filing a malicious complaint solely for personal, professional, or philosophical motives.

 

 

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