August 2006

Do you really need malpractice insurance?

by Timothy Feuling, CBS President

You're a competent practitioner and your patients like you. Do you really need malpractice insurance? Many DCs don't think so ‑‑ until they're sued.

Unfortunately, many lawsuits today have little to do with the quality of care you offer or even how "popular" you are with patients. They stem from misunderstandings, fee disputes, and advice from anti‑chiropractic medical doctors.

A common scenario is the patient who doesn't "get well" on the first couple visits. He or she goes to a medical doctor who says that chiropractic is quackery and might have made the situation worse. Next step is a lawyer's office.

A high profile example is the case reported on the NBC "Prime Time" news program in July. The case involved the wife of Sen. Rick Santorum (R‑Pa.), who sued for half a million dollars, claiming that, according to the "Prime Time" report, "a botched spinal manipulation by her chiropractor led to back surgery, pain and suffering." Karen Santorum claimed she suffered humiliation from weight gain and no longer had the confidence to help her husband on the campaign trail. Even though her subsequent medical bills totaled just $18,000, the jury awarded her $350,000 for her pain, suffering and inconvenience.

Could you afford to pay that $350,000 if you didn't have insurance?

What if your patient sued you for inappropriately touching her during an adjustment? Recently, CBS spent $10,200 to defending a policy holder before his state board, and more than for attorney's costs to fight the case. Since the case is still active, the total figures could increase significantly before it's resolved. Without insurance (specifically a policy that includes coverage for defense against sexual misconduct claims and board complaints) this doctor would already be out $38,200 ... and counting.

Then there are the totally frivolous suits. The growing incidence of unfounded complaints and lawsuits ‑‑ especially those filed as a 'get rich quick' scheme ‑‑ has gained national attention. Even President Bush commented on the fact that "junk and frivolous lawsuits discourage good docs from even practicing medicine in the first place."

Although there's no reliable information on chiropractic claims, the Physician Insurers Association of America estimated that, in 1995, approximately $737 million was spent by medical doctors to defend against claims lacking merit.

While there are few figures available specifically for the chiropractic profession, the rise in frivolous malpractice lawsuits against MDs is similar to that experienced by DCs. In Pennsylvania, 5,600 lawsuits against Pennsylvania physicians were filed between May of 2002 and November, 2004. Of those lawsuits, the Pennsylvania Medical Board had reviewed 3,600 cases and found only four that showed merit.

"We don't have rampant medical malpractice in Pennsylvania. Rather, we have rampant medical malpractice lawsuit abuse," stated Robert B. Surrick, Esq., executive director of the Politically Active Physicians Association.

The escalating campaign to link chiropractic with stroke and other injuries has put all chiropractors at even greater risk. Millions of people may see the "Injured by a chiropractor?" ads plastered on buses and billboards, in newspapers and on the Internet. Even though many of them never had a previous complaint about their chiropractor, the idea that chiropractic causes injuries will be implanted and it won't be long before there's a rush to sue DCs.

Instead of asking whether they really need malpractice insurance, chiropractors should ask themselves if they can afford to pay out a million dollars if they lose a lawsuit.

That's the median malpractice award, according to Jury Verdict Research company. How about $235,000 ‑‑ the median payment for a judgment as of 2000? While you might be able to pay a quarter of a million dollars to a plaintiff, would you have to sell your home or cash in your children's college fund to do it? And if you've been successful enough to have a million dollars or more in assets, the judgment might very well be higher.

Obviously, one lawsuit can bankrupt even the most successful DC who isn't properly protected with malpractice insurance. That's a high price to pay in order to avoid the cost of a policy.

Of course, it's extremely important to choose the right policy, since one that has numerous exclusions may not provide sufficient protection. It's hard to believe but there are still policies sold to chiropractors that exclude care given to children under a certain age, to employees or family members, or even to professional athletes. A few of the other provisions you should look for in your policy are:

***  Sexual misconduct defense

***  Board defense money

***  Consent‑to‑settle provision (which give you the right to decide whether or not you want to settle out of court)

***  HIPAA defense

***  Defense for vicarious suits

Make the decision to protect yourself and your assets by getting a good malpractice policy. It's the best investment in your practice you can make.

(Timothy J. Feuling, as president of chiropractic Benefit Services, assists doctors in maximizing their practices through the proper choice of insurance and related services. Mr. Feuling is also available for speaking engagements at state conventions and other chiropractic events. Doctors may contact him with questions, comments, and requests for insurance quotes at 2950 N. Dobson Rd. Ste. 1, Chandler, AZ 85224, by phone at 800‑883‑0412 or by e‑mail: feuling@cbsmalpractice.com).