How Your Doctor Can Avoid Getting Sued.


© Dr. David L. Phillips

I came across an old issue of the Journal of the Canadian Chiropractic Association the other day and found an interesting piece about avoiding lawsuits, which I thought my readers would find equally interesting. The article is entitled " Why Are Chiropractors Being Sued?"

Yes, we do get sued occasionally. But considering the number of treatments we administer and the volume of patients we see, lawsuits are exceedingly rare, but they do happen. Malpractice insurance for chiropractors is probably the least expensive of any primary contact profession. My rates are about one-twentieth that of my medical colleagues. Our track record as a group is enviable.

In terms of safety and effectiveness, malpractice is hardly an issue with chiropractors. Occasionally a rib will fracture or a patient will fall off a table. Currently much ado is being made of the risk of stroke following upper neck adjustments, but really, the incidence of harm occurring in a chiropractors office is very low. And this low risk is reflected in our insurance rates.

Any way, back to the JCCA article (Volume 35, Number 4, December 1991). How can chiropractors or other health care workers avoid lawsuits? The corollary of this, for the patient, is: How can I choose a chiropractor or other doctor? It mostly comes down to communication and attitude. Frequently a small complication or minor hurt will escalate through poor communication and before the doctor knows it, lawyers are involved. A doctor should ensure that his care results in a positive experience for the patient. S/he can do this by listening, responding and being available for the patient.

The following is a list of common-sense, common-courtesy aspects that we should expect from every visit to our doctor. ·

  • You should expect to be treated with dignity and understanding both by the doctor and his/her staff. You should have the impression that your welfare is the foremost concern here. ·
  • You should come away from the doctor visit with the feeling that your fears, apprehensions and sensitivities were appreciated and addressed. ·
  • The doctor must be a good listener. Practice of the healing arts is nothing if it doesn't involve good listening. Only through listening will the doctor really know your problem. ·
  • Doctors and staff should be polite. There is never any excuse for rudeness, disrespect or impatience. These are qualities that only the patients may display, not the professionals! ·
  • Your visit to the doctor should have been time-efficient. Far too many doctors are contemptuous of their patient's time. The staff should ensure that the doctor is on time and not unduly delayed. His/ her appointment schedule must be made to work so that patient's waiting time is kept to a minimum.

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