EXPERT ADVICE WHAT WERE THEY THINKING? Common excuses heard in professional misconduct cases BY ALLAN FREEDMAN RISK MANAGEMENT L 22 Canadian Chiropractor October 2016 www.canadianchiropractor.ca Photo: fotolia et’s admit it. Every time the annual report of a regulatory board is re-ceived by a chiropractor or, for that matter, any licenced practitioner, the very first thing that is read is the section on disciplinary matters. The reader is likely perusing that section of the annual report to find out if he or she knows any of the in-dividuals who have been prosecuted for inappropriate behaviour. Unfor-tunately, this is not the best motiva-tion for reading these reports. The decisions of a disciplinary board are public in nature and pro-vide an indication of the problems that may arise with respect to a prac-titioner’s misconduct. In dealing with issues of profes-sional misconduct, there are a num-ber of responses that generally come from an issue of a concern in practice, whether the issues arise in the arena of a professional complaint, an asso-ciateship, a partnership or the acqui-sition of a practice. The following are many of the responses. 1.) No good deed goes unpun-ished. This is likely to arise when a practitioner is requested to use insur-ance coverage of one spouse to treat another spouse. 2.) Today’s favour is tomorrow’s obligation. A practitioner who does not adhere to an office policy on Monday is unlikely to be able to penalty. Being caught after inappropri-ately billing two or three patients is unlikely to decrease the penalty, sim-ply because the fraud did not con-tinue unabated. 7.) “But no one was hurt.” This is definitely absolutely no excuse for inappropriate behaviour, and frankly there is always a victim whether it is the patient, the insurance company, the public or the profession. 8.) Did it pass the smell test? Prior to any action or agreement, ask yourself the age old question – is it too good to be true? Agreements do not have to be reasonable to be en-forceable and what appears reasona-ble today may be really unfortunate tomorrow. Use your imagination and foresight to think ahead a few years when entering into an agreement. 9.) “But it was consensual.” It may be but it is unlikely the patient ALLAN FREEDMAN is a Toronto-based lawyer and an instructor at the Canadian Memorial Chiropractic who is not a member of any profes-College, teaching risk and practice management. You can contact him at [email protected]. sional regulatory board is going to enforce the policy on Tuesday. This occurs most often with respect to associate agreements wherein the parties vary the terms of the relation-ship by their conduct and then at some point try and reinstate the terms of the agreement. At least one party is never happy. 3.) “Records are a pain to deal with.” That is just the responsibility of the professional which comes with the rights and privileges provided to the professional. 4.) “But the patient wanted it.” This arises in a number of situations involving such matters as a romantic relationship between the doctor and patient; a prepayment of treatments when the patient requests a refund and the doctor attempts to enforce a signed agreement; or treatment with-out a signed consent form. 5.) Hell hath no fury like an ex-employee’s scorn. We are all genuinely concerned about our staff and enjoy a long and fruitful relation-ship with staff. But, remember that working at your clinic is a job not lifetime commitment and definitely not a hobby. Treat staff with respect and don’t ever rely on a relationship to keep confidential what happened in a clinic that should not have happened in a clinic. 6.) “But it was only a couple of patients.” The amount of inappropri-ate behaviour in any wrongful act is inconsequential to the ultimate
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