Ethics and Jurisprudence

Protection from Personal Liability

Professionals quickly learn that there is no shortage of people who would like to have your house, swimming pool, bank account and new Hummer. They are prepared to sue you in order to have access to your assets and make them their own. If it seems that we spend an inordinate amount of time conniving to keep our assets, it's true. We prefer to keep what we have, thank you. This article gives one slant on keeping what you've got.

Expert Witness

I have mentioned in class that I occasionally appear as an expert witness in malpractice cases involving chiropractors. This is one use that courts make of experts. Another, far more common use of an expert comes when you are asked (or ordered) to testify on behalf of a patient, concerning injuries and disability issues. As a factual witness you may state what the patient told you, what you found when you examined the patient, and how your course of chiropractic care objectively improved the patient's status. Very often you will then be asked to give your opinion on the patient's condition, and predict how they will fare in the future. Only experts may testify about their opinions, so your status immediately changes from factual witness to expert witness. Here is a thorough article dealing with expert testimony.

Being Deposed:Somewhere between a root canal and a colonoscopy

Most chiropractors will at sometime be required to give a deposition. If you have a high volume personal injury practice, you may have depositions scheduled weekly or monthly and think nothing of it. In a general family practice oriented toward subluxation care a deposition may rarely occur, and can be cause for major anxiety. Here's an article dealing with this variably common foray into the world of lawyers and court recorders.

Deliberate Ignorance

We have discussed in class that chiropractors have to be careful with claims about what chiropractic can and cannot do for patients. We have to avoid guarantees of cure, and must present honest and reputable information to patients. This article by Matt McCoy in JVSR discusses some of the reasons that we may have a shortage of valid and reputable information about everything except low back and neck pain.

Informed Consent

Chiropractors continually question whether their informed consent document really covers the bases in protecting them from malpractice actions. Most of us are looking for a definitive document that will protect us from all threats. The bad news is there is no document that will protect you from every occasion of threat. The good new is that some documents are better than others. This article by an attorney answers a lot of the same questions that I answer in lectures, but after all, he is an attorney and his answers may be more reassuring than mine.

Scope of Practice

Our old friend New Jersey is in the news for having a new scope of practice proposal before the legislature. You can read in brief the proposed changes, which include allowing acupuncture, nutrition, extremities, etc. What do you think?