ON Chiropractic
Sometimes there is warning . Two of the chiropractors we interviewed had good reason to suspect litigation was coming . The patient in one case sent their daughter in to collect their file . Another had received word in a follow-up phone call that their patient had suffered a stroke in the days following treatment . In some ways , this is worse than being taken by surprise . In that stroke case , the chiropractor spent well over a year wondering if a claim might be coming . Lawyers in malpractice cases tend to take the maximum amount of time — typically two years following the incident — to prepare . That case was filed one day before the two-year limit .
Regardless , the emotional response to a lawsuit is severe . Our chiropractors described feeling like criminals . One said that the statement of claim portrayed him as though he was “ the scum of the earth .” “ You ’ d think I was an axe murderer ,” said another .
Once the lawsuit has been served , the phone at the Canadian Chiropractic Protective Association ( CCPA ) starts to ring . As quickly as possible — including evenings , weekends and holidays — a chiropractor from the CCPA answers the call . Dr . Greg Dunn , Chief Executive Officer , and Dr . Dean Wright , Executive Claims Officer , are typically the people who guide those early conversations . They have learned from experience that the objective is to provide comfort to their members , particularly on that first call .
When it feels like your ship is sinking , a knowledgeable friend with a life preserver means everything . A chiropractor involved in a stroke case talked about the importance of the time and effort the CCPA puts into helping their members navigate the procedures of a claim . He warmly recalls an early conversation with Dr . Dunn when he went through the statement of claim point by point and helped him see what was important , what would need the most attention and what was simply nonsensical .
By simply being updated as events unfold and their significance is discussed , the chiropractor develops an understanding of what is going on . This allows them to process the experience and can help manage the emotional fallout from the process .
This is one of the reasons why the CCPA encourages chiropractors not to read the statement of claim — or at least not to read it more than once . Why ? A statement of claim is not about getting to the truth . This is an opportunity for lawyers on the other side to throw everything they can think of at you in order to see what sticks . To a chiropractor , a dedicated healer with a commitment to evidence , it can be debilitating to read . The statement of claim is simply the first step in a process designed to achieve a settlement , with shock and awe being the preferred approach .
It is important to note that calling the CCPA early can be crucial . When something goes wrong or a patient makes a threat to bring legal action , a sense of inevitability can creep into your consciousness . Some lawsuits are avoidable if the CCPA has sufficient time to act . That is why they ask members to call if there is even an inkling of a claim on the horizon . Not everyone does . And sometimes , out of fear , bad decisions
Some lawsuits are avoidable if the CCPA has sufficient time to act .
That is why they ask members to call if there is even an inkling of a claim on the horizon . Not everyone does . And sometimes , out of fear , bad decisions get made . The sooner they know , the sooner they can begin guiding you through the process .
get made . The sooner they know , the sooner they can begin guiding you through the process .
Even if a claim does not come , their advice is invaluable . A former member learned this the hard way recently . They had left the CCPA to economize and then something went wrong in their clinic . Their new insurance provider told them to call back once a lawsuit was filed . No effort was made , presumably , to avoid a lawsuit . Unfortunately , at that point there is nothing the CCPA can do .
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