July 2006

Romance can lead to lawsuits

by Timothy J. Feuling, President, Chiropractic Benefit Services

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."

(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)