Q: When you were in trial and the parties had presented both of their cases, explain the worries of possibly being found liable when you felt strongly about your care and treatment. How did you feel after the verdict?
A: You never know what a jury is going to decide. I have testified in auto accident cases for patients who I thought had a great case, but a jury ruled against them. So, it was quite nerve-racking, waiting on what 12 people were going to decide. When the jury came back in my favor, it took some time to set in. It happened so quickly, and the emotions did not really hit me until later that night when I was with close, supportive friends telling them of the result. The feeling of relief was so intense it brought me to tears. It was really good.
Q: Do you have any advice you would give to chiropractors giving courtesy treatments?
A: Take a history and physical from all patients, including courtesy treatments. Failure to do so could be a breach of the standard of care. Ask the patient about prior car accidents, prior and pre-existing injuries, and make sure to document and keep records for courtesy treatments in the same manner as non-courtesy treatments.
Q: Do you have any advice you would give to other insureds when they first receive a letter from a plaintiff’s lawyer stating that they are about to be sued?
A: Keep calm and contact the OUM Claims Department as soon as possible.
OUM’s staff and defense counsel retained multiple experts to review the case, and all experts provided favorable standard of care reviews. The insured, after extensive consultation with the defense team, agreed with the strategy of trying the case to a verdict. The OUM claims specialist attended the trial to support the insured throughout the litigation process.
For insureds who have experienced a professional liability trial, most will agree that it is a very unpleasant and stressful experience. We recognize that an abundance of emotions can arise for our insureds throughout litigation—ranging from frustration, worry, fear, and lack of control. OUM’s team of chiropractic- experienced defense counsel and its seasoned claims staff are committed to supporting you throughout the challenges of the litigation process and will stand with you throughout the duration of the trial.
To learn more about how OUM Chiropractor Program supports and values its insureds, visit www.
oumchiropractor.com and our YouTube channel.
“OUM” and “OUM Chiropractor Program” do not refer to a legal entity or insurance company but to a program or symbol of a program underwritten, insured and administered by either PACO Assurance Company, Inc. or Podiatry Insurance Company of America (PICA), both ProAssurance companies, rated A- (Excellent) and A+ (Superior) by A.M. Best, respectively.
Take a history and physical from all patients, including courtesy treatments. Failure to do so could be a breach of the standard of care.
Plexus
Oct/Nov 2017 19
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