October 2007

DC found innocent of sexual misconduct

by Timothy J. Feuling, CBS President

Uninsured doctor pays $30K in attorney fees to fight fraudulent claims

Dr. Paul Camber (not his real name) was shocked when a senior investigator for his state board showed up in his office, demanding files on three female patients. At first, the investigator refused to explain what was going on. Finally, he told Dr. Camber that all three women had filed sexual misconduct complaints against him.

While Camber was shaken by the investigator's rudeness and evident assumption of his guilt, the doctor was totally stunned by the accusations. He knew with certainty that in 12 years of practice he had never done anything that would have had even the appearance of such unprofessional and ethical conduct.

Camber had always done everything "by the book" so that such misunderstandings couldn't happen. He had an open floor plan and kept the door between the waiting room and treatment room open. Patients didn't disrobe or wear gowns. At the very most they were instructed to loosen their belts or arrange their clothing if necessary. Camber's wife, who worked as the practice's receptionist and CA, was able to see and hear everything that went on in the treatment rooms.

How could anyone accuse him of sexual misconduct?

It wasn't until about four months after the investigator's visit that he received official notice from the board that he had been formally charged. It was at that point that the nightmare really began.

The state attorney assigned to the case did not interview Camber or others who had been in the office at the time of the alleged incidents. He didn't even investigate the women making the accusation. The first hearing took place almost a year after the investigator first took the records.

In preparation for the ordeal, Camber hired a private detective to run background checks on his accusers ‑‑ something the AG had neglected to do. The investigation revealed that the three women were working in collusion and that one of them had a prior conviction for fraud by deception. They'd tried a similar stunt before!

During a day‑long hearing, the women gave their sworn testimony, but their stories were full of obvious holes and discrepancies. Under cross examination, Camber's attorney readily showed much of the testimony to be false and asked for a summery dismissal. This was clearly an open and shut case of fraud!

The problem was, the judge didn't see it that way and refused to dismiss the case. To emphasize the seriousness of the allegations, the AG and board were going to make an example of Camber. His guilt or innocence didn't matter as much as the political points the state could make out of a high profile case.

Another day of testimony was needed but it took three months to schedule the second hearing. By the time all of the evidence was gathered and testimony heard, no one could doubt Camber's innocence and the chiropractic panel hearing the case found him not guilty.

Incredibly, the judge ordered a de‑novo hearing ‑‑ a new trial on the entire case ‑‑ on both questions of fact and issues of law, conducted as if there had been no trial.

Again, the testimony was heard and one of the women actually admitted under oath that the accusation was the first step to a civil suit where she thought she could make a lot of money. Finally, Camber was acquitted of all charges. After the hearing, one of the women admitted in private to the AG that she thought Camber would get a slap on the wrist and his insurance company would settle out of court for a few hundred thousand dollars.

For the first time in nearly two years, the innocent chiropractor could breathe a bit easier.

Yet, despite being exonerated, the case took a heavy toll. Camber did not have malpractice insurance. He had always thought such a thing wouldn't happen to him because of the way he practiced, the good care he took of his patients, and the risk management procedure he followed.

"This lesson cost me more than $30,000 and almost cost me my practice," he admitted afterwards, adding that the stress and financial hardship had also cost him his marriage.

Before resuming his vocation and his life, Camber made one important change in his practice. He purchased a malpractice policy that covered defense for sexual misconduct claims.

"My advice to all my chiropractic colleagues is to get a good malpractice policy like I have with CBS," he stated. "You never know when someone will set their sights on you for their pay day, innocent or guilty! Lawyers are not cheap and loosing your license will cost you upwards of one million dollars or more in future earnings. I wish someone had told me this true story before it happened to me!"

Although I changed the name of the doctor, this is a true story that occurred very recently. It can happen to any doctor of chiropractic in practice today and if you aren't protected by a good malpractice insurance policy, you could suffer the same thing that this doctor suffered ‑‑ or worse. In one respect, this DC was lucky since he was ultimately able to prove his innocence. If his accusers had been successful in their fraudulent claims, he could have lost his license and possibly faced criminal charges.

What about you? Do you have malpractice insurance? Does it cover defense for sexual misconduct claims? What about defense for board complaints? Do you even know what your policy covers? If not, I strongly suggest that you pull your policy out of the file and read it over carefully. If you don't understand what it covers or excludes, call your insurance company and ask them specific questions. If you don't like the answers you get (or can't get straight answers!) consider switching to another policy. Do it now, BEFORE disaster strikes and you find yourself paying thousands of dollars trying to defend yourself in court or before the board.

(Timothy J. Feuling is president of Chiropractic Benefit Services (CBS) and 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).