What to do if a complaint is filed against you with your state licensing board

1) Contact your insurance company immediately upon receiving complaint correspondence from your board -- if your policy covers board complaints. They may assign an attorney to prepare your complaint response and go with you to the board hearing. Get them involved early. A misstep in your initial reply may create bigger problems down the road.

2) If you do not have coverage, contact your attorney. If the complaint was filed by a patient, you may discuss the case with your attorney without the patient's permission. (NOTE: The courts have found that in medical malpractice cases, a patient gives implied content to waive confidentiality by filing a complaint or entering litigation, so records may be shared with the attorney "to the degree necessary to defend the claim." The law gets trickier if the complaint concerns a specific patient but was filed by someone other than the patient, such as another DC. There may not be an implied "waiver of confidentiality" in such cases, so begin by discussing the matter with your attorney without divulging the patient's name or specifics. The attorney will let you know if you can go further without violating patient privacy laws.)

3) Do NOT contact the person who filed the complaint against you, or that person's attorney.

4) Do NOT discuss the specifics of the case with other DCs.

5) Do NOT call board members and discuss the case with them. According to Dr. McCord: "The worst thing you can do is to call members of the state...board to tell your side of the story. By doing this, you will just cause the board member to recuse him- or herself from the case and report the ex-parte communications, a fact that will be added to the statement of charges against you."

6) Review your records on the case, but do NOT change or alter anything. This will be viewed as an indication of guilt, no matter how "innocent" the action.

7) If your attorney needs supportive material on professional issues such as chiropractic guidelines, wellness or maintenance care, caring for children or asymptomatic patients, etc., search for appropriate documents on the CBS website, the World Chiropractic Alliance website or the Council on Chiropractic Practice website.