May 2004

Sexual misconduct defense coverage called a 'lifesaver'

It starts innocently enough. A friendship between a doctor of chiropractic and a patient or employee develops into a romance or sexual liaison. But when the romance sours, the case can turn into a nasty lawsuit alleging sexual misconduct.

"Sexual misconduct complaints almost always involve chiropractors who cross the line and date their patients, particularly if those patients are also employees," explained Timothy Feuling, president of Chiropractic Benefit Services‑Risk Purchasing Group (RPG). "Courts recognize that the authority vested in any health care provider can exert undue emotional influence over a patient and taking advantage of that authority is unethical and unprofessional."

The problem of inappropriate actions between a doctor and patient is nothing new. Hippocrates pledged: "In every house where I come I will enter only for the good of my patients, keeping myself far from all intentional ill doing and all seduction, and especially from the pleasures of love with women or men, be they free or slaves."

Health care providers don't always follow Hippocrates' example, however. According to a 1996 report published by Public Citizen Health Research Group, the number of doctors disciplined for sexual misconduct doubled from 1990 to 1994. Of the total disciplinary actions taken against doctors, 5.1% were for sexual abuse of patients or other sexual misconduct.

According to Thomas J. Overton, general counsel for the Colorado Chiropractic Society, writing for the Colorado Chiropractic Journal, approximately 10% of complaints filed with his state's Board of Examiners during the last two years were for sexual misconduct.

Doctors of chiropractic face a particularly difficult challenge since they practice a very "hands on" procedure. "You'll often see allegations that a doctor brushed up against a patient inappropriately during the adjustment," Feuling explained. "Once and a while we get complaints that a chiropractor had a patient disrobe and provided care without a CA or other person in the room. That scenario can quickly turn into a disaster."

CBS RPG has issued several reports educating doctors in proper examination procedures aimed at avoiding even the slightest hint of impropriety, but Feuling says the only real protection is a malpractice policy that contains specific coverage for defense of sexual misconduct allegations.

"If you're accused of sexual misconduct, that coverage can be a lifesaver," he noted. "It can help save your reputation, your practice and even your license."

Most chiropractic insurance policies fail to cover sexual misconduct. Some cover only cases where the plaintiff also sues for malpractice.

"Such gaps in coverage can leave a chiropractor completely vulnerable to the most common complaint," Feuling warned. "It can be a million dollar mistake to get a policy without sexual misconduct coverage."

The sexual misconduct defense included in the policies marketed by CBS RPG is just one of the many reasons CBS RPG has become one of the fastest‑growing risk management companies in the profession.

Among the other noteworthy areas of protection in the CBS programs are the $10,000 HIPAA defense and $30,000 professional board dispute coverages.

To learn more about the CBS Malpractice RPG versus your current policy coverage and policy premium, as well as any other questions you may have, call 1 800 883 0412 or visit www.cbsmalpractice.com for a free quick quote.