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