Proper documentation and formal treatment is always important, even when dealing with family and friends.
Posted in Case Studies on Tuesday, November 26, 2024
Dr. Albright had a reputation for being a friendly, approachable practitioner who was always happy to help those close to him. His tight-knit community often asked him for small favors, such as performing informal chiropractic adjustments. These requests usually came from friends and family, and Dr. Albright, wanting to help, would sometimes oblige—often without the formalities of a full patient assessment. However, one particular situation took a tragic turn, leading to unexpected legal trouble.
Laura, a longtime family friend and former college roommate of Dr. Albright's wife, had been feeling unwell, experiencing frequent headaches and dizziness. During a dinner at Dr. Albright's house, she happened to mention her symptoms and asked if he could provide an adjustment. Dr. Albright immediately agreed. This would not be a formal appointment—there were no patient records, no medical history taken, and no physical exam. Dr. Albright simply set up his portable adjusting table in the living room and proceeded with a neck adjustment.
Almost immediately afterward, Laura complained of feeling dizzy and woozy. Dr. Albright attributed it to the wine she had consumed earlier and told her to rest, assuring her she would feel better in the morning. However, the following day, Laura's condition worsened—she was unable to stand without falling and was experiencing vision issues. An ambulance was called and she was rushed to the hospital. The diagnosis was a bilateral vertebral artery dissection—a serious condition where tears develop in the arteries leading to the brain.
Laura's recovery was long and painful. She required the use of a cane to walk and was forced to give up her job as a nurse due to the severity of her symptoms. Medical bills piled up, and she found herself facing financial strain. During this time, Dr. Albright, feeling deeply sorry for his friend, sent her flowers, texted her frequently to check on her and even arranged food deliveries. He thought he was being kind, offering emotional support during a difficult recovery.
However, as Laura's condition stabilized, things took a dramatic turn. Dr. Albright was shocked to learn that Laura had filed a lawsuit against him, seeking compensation for her medical expenses and lost wages. The lawsuit was based on the premise that the chiropractic adjustment had caused the dissection, which was complicated by the lack of formal documentation and patient records. The texts and flowers Dr. Albright had sent her, meant to express sympathy, were now being used as evidence against him, suggesting an admission of liability.
The case proved difficult to defend. Despite strong evidence suggesting that Laura's condition was likely congenital—her arteries were more prone to tearing due to an underlying issue—Dr. Albright had no official records or history to back up his decision to perform the adjustment. The lack of documentation left him vulnerable, and despite the mitigating factors, the legal team struggled to argue the case. Ultimately, the settlement amounted to $400,000, and Dr. Albright's relationship with Laura and her family was never the same.
Key Takeaways for Chiropractors
This story offers several important lessons for chiropractors and healthcare professionals alike, especially when treating friends or family members:
Always Document
Even in informal settings, it's essential to document every aspect of patient care. A detailed medical history, thorough examination, and careful record-keeping are critical to defending your actions if something goes wrong.
Treat Every Patient Formally
Even if you know someone well, it's important to treat them with the same professionalism as any other patient. You may not know about underlying conditions, such as congenital issues, that could be exacerbated by an adjustment.
Avoid Misleading Language
While it’s natural to show concern for a friend’s well-being, be careful with the language you use. Phrases like "I’m so sorry this happened" can be interpreted as an admission of fault. It’s better to express sympathy without implying liability.
Know the Risks
No matter how well you know someone, treating them informally can expose you to significant legal and financial risks. Chiropractors are encouraged to follow the same standards of care and professionalism for every patient, regardless of their personal relationship.
In conclusion, while Dr. Albright’s story may seem like an unfortunate series of events, it underscores the importance of maintaining high standards in patient care—even when dealing with people you consider friends. The consequences of overlooking proper procedures and documentation can be far-reaching, as even the most well-meaning actions can be misinterpreted when legal concerns come into play.