ON Chiropractic Spring 2016 | Page 14

FEATURE STORY/ YOU'VE BEEN SERVED As difficult as this can be, it can also be a turning point. As the discovery process is wrapping up, the CCPA team is determining two important things. First, they understand the strength of the case the other side has developed. Second, they have formulated their legal strategy to fight against that case. Each of the chiropractors we spoke to mentioned this in one way or another. As clinicians they were constantly dissecting the problem at hand and trying to figure it all out. It’s at this point that they start to see the pieces fitting together. profession as a whole is dramatically increased. Then there is the expense of the trial. Legal fees are covered by the CCPA as part of the protection they provide members. But legal fees are not the only costs of a trial. One of the chiropractors we interviewed almost went to trial, the psychological impact of which would have been substantial. of them responded with some level of disbelief. They all recalled asking “Are you sure?” It would be an exaggeration to say that the conclusion of a case immediately returns everything to normal. But it’s a big day, and after a five or 10 year ordeal, it often marks the beginning of a journey back to professional, There are times, however, when the CCPA will press for a trial in order to create or challenge a legal precedent. This is a high stakes endeavour that is never entered into lightly. Fortunately, all of the chiropractors that shared their stories with us were able to avoid going to trial. emotional and personal balance. The chiropractor who had treated a patient who went on to experience a stroke was the most recent to have found resolution. Needless to say, she was very relieved. What was impressive about her story was that she was more relieved for her profession than for herself. “No chiropractor wants to be the one who gets blamed for causing A cloud hangs over you the entire time, but now is when the first glimmers of hope begin to break through. CCPA lawyers provide a great deal of reassurance, and are a constant source of support. They work with the CCPA because they believe in chiropractors too. One chiropractor recalled being told: “Go to work. Don’t worry. We’ll take care of it.” W ith the discovery process complete, both sides begin to turn their attention to a resolution to the case. Sometimes that means the dismissal of the case outright. Sometimes it means a trial. Often it means a settlement negotiation. Both sides have been preparing for this from the beginning. We are not able to share the specifics of settlements or negotiations, but suffice it to say that CCPA has an excellent track record for bringing cases to conclusion on terms favourable to their members and the profession. A conclusion without a trial is often the lesser of the evils. Trials can be thoroughly unpleasant and are always public. The risk of reputational damage to the chiropractor being sued and the 14 SPRING 2016 When the call came from the CCPA that their case was over, each