How You Can Prevent a Malpractice Lawsuit

Malpractice lawsuits are based upon the accusation that you caused harm to a patient. This harm could be something that is true or not. You could have caused them to have a broken rib, low back pain, sexual misconduct or a stroke…or they could be making up the entire situation.

You are responsible for malpractice if they can prove you were negligent and failed to do what any of your colleagues would have done.

In other words, if a person is in their forties and you adjusted them the same as any other chiropractor would, and you did all the proper diagnosis and record keeping, you would be innocent of malpractice even though the patient was injured.

The question isn’t whether harm occurred, it’s whether you were negligent in your procedures.

Here is what you could do to prevent malpractice from occurring and to win them if they do.

First, to prevent sexual misconduct charges, always leave your treatment room doors open. The dentists all practice now with half walls so they can not be accused of sexual misconduct. You can also have half walls or open doors that would defend you from sexual misconduct lawsuits that are often untrue.

Staff can testify your policy is doors open during treatment so that no one could accuse you of misconduct.

Second, malpractice suits often can arise as a response or revenge for some upset believed to be your fault. You send a patient to a collection agency, they fail to get results and paid you a lot of money out of their pocket, etc. etc.

First of all you should have a policy that you discontinue care once a patient owes a certain amount or continue to treat them even if they owe you money with the knowledge if you don’t get paid, you will forgive the debt.

If someone gets your insurance check or auto settlement and takes your money you have recourse other than collection agencies. You could keep a credit card on account with permission to run it if they fail to pay. Use a form available from Health Care Payment Solutions that allows for automatic debit from their bank account.

If they fail to pay you money they received for care within five days of receiving it. (This is essential these days and you can contact Health Care Payment Solutions for this and other patient financial programs that are great at 1-866-;;;-;;;;) or you could take them to small claims court for theft of monies.

Obviously, you should keep complete SOAP notes, use gentle adjustment methods on those patients who would most likely be subject to injury and do all proper diagnosis procedures that would normally be done.

However, one missing thing that you could do to prevent or stop malpractice suits is to remain in good communication with your patient at all times.

A patients tells you that you hurt them or that they feel worse with your care should be met with a response to demonstrate you care.
Having them come in for a free treatment, calling them to see how they’re doing is not an indication you are guilty but. An indication you care about them. People sue a doctor they think does not care.

I had miraculous things happen by having clients demonstrate they can treat patients who were threatening. Returning money, apologizing, offering to help in anyway possible are things you can do that make a major difference.

The very patient who you feel is antagonistic and that you feel is just a rip-off is usually the one who will sue if provoked.

It is better to get rid of the patient who upsets easily then to attack them. It is better to “eat crow” than to create upsets that can turn into lawsuits.

Patients who like you and feel you truly care about them are much less likely to sue than the one who feels you don’t care or deserve to be sued.

Care about your patients, and they will care about you. But always stay in contact with your malpractice carrier should any threat or problem arise.

Yours in Health,

Dr. David Singer