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CLAIMS PROTECTION

One of CCPA’s missions is to help you weather the storm in the event of a professional negligence claim made against you. Our claims protection is designed specifically for chiropractors and by chiropractors.

Any chiropractor who has been served with a claim will tell you it can feel overwhelming. This chart shows you how the process can unfold and how CCPA will support you along the way. This process can take up to 10 years to conclude. Fortunately, not every claim takes that long and not every claim completes all of the steps.

STEP 1

An incident occurs in your practice

Step 1
An incident occurs in your practice
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Incidents of many different shapes and sizes can happen in practice. Some are obvious. Others are not. When an obvious incident is unfolding, the most important thing is to ensure your patient is cared for by the professional most likely to be able to ensure their recovery. Manage the emergency. In other situations, you may not know there is a problem for weeks. One common sign – which can also be benign – is a patient cancelling a follow-up appointment and asking for a refund or copy of their file.
So what do I do?
As soon as you can, contact CCPA to report the incident. This allows us to help you manage any potential fallout from the incident. Most of the time we can work together to keep an incident from becoming a formal claim. Time is critical.

STEP 2

Formal notice of a claim or potential claim

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Step 2
Formal notice of a claim or potential claim
This can happen in a few different ways. Some lawyers will start with a letter demanding compensation for their client. Sometimes chiropractors receive a formal Statement of Claim. This is a legal document outlining the claim of professional negligence against you. You may not receive a Statement of Claim for two to three years after an incident occurred.
Call CCPA. The sooner we hear about a claim or potential claim the sooner we can begin working on your behalf. It is common at this stage for CCPA to retain a lawyer on your behalf.
So what do I do?

STEP 3

Your statement of Defense is
prepared

Step 3
Your Statement of Defense is prepared
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A formal response to a Statement of Claim is often required within a set timeframe. This is determined by where in Canada you practice. Your CCPA-retained lawyer will lead this process. CCPA’s team of lawyers is expert in managing claims against chiropractors. You will continue to be supported by your CCPA Claims Officer. These are chiropractors who understand what you’re going through.
So what do I do?
Participate in the development of your Statement of Defense
Step 1
An incident occurs in your practice
Card image cap
Incidents of many different shapes and sizes can happen in practice. Some are obvious. Others are not. When an obvious incident is unfolding, the most important thing is to ensure your patient is cared for by the professional most likely to be able to ensure their recovery. Manage the emergency. In other situations, you may not know there is a problem for weeks. One common sign – which can also be benign – is a patient cancelling a follow-up appointment and asking for a refund or copy of their file.
So what do I do?
As soon as you can, contact CCPA to report the incident. This allows us to help you manage any potential fallout from the incident. Most of the time we can work together to keep an incident from becoming a formal claim. Time is critical.
Card image cap
Step 2
Formal notice of a claim or potential claim
This can happen in a few different ways. Some lawyers will start with a letter demanding compensation for their client. Sometimes chiropractors receive a formal Statement of Claim. This is a legal document outlining the claim of professional negligence against you. You may not receive a Statement of Claim for two to three years after an incident occurred.
Call CCPA. The sooner we hear about a claim or potential claim the sooner we can begin working on your behalf. It is common at this stage for CCPA to retain a lawyer on your behalf.
So what do I do?
Step 3
Your Statement of Defense is prepared
Card image cap
A formal response to a Statement of Claim is often required within a set timeframe. This is determined by where in Canada you practice. Your CCPA-retained lawyer will lead this process. CCPA’s team of lawyers is expert in managing claims against chiropractors. You will continue to be supported by your CCPA Claims Officer. These are chiropractors who understand what you’re going through.
So what do I do?
Participate in the development of your Statement of Defense

STEP 4

The discovery process

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Step 4
The discovery process
The discovery process lays the foundation for your defense. You will be questioned by the plaintiff’s lawyer. Your lawyer will question the plaintiff. These “discoveries” will be scrutinized by expert witnesses on both sides. The discovery process often involves production of documents and records by both sides. Your clinical notes will be central to this process.
Take this seriously. Follow the advice of your lawyer. Make yourself available to prepare.
So what do I do?

STEP 5

Your lawyer builds your defense

Step 5
Your lawyer builds your defense
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This is usually a long process that takes months, sometimes years, to complete. This is when experts are retained, additional information is gathered, and a strategy is developed to resolve the claim.
So what do I do?
Again, follow your lawyer’s advice. You can also check in with your CCPA Claims Officer whenever you have questions or need a shoulder to lean on.

STEP 6

The claim is resolved

Step 6
The claim is resolved
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This is the conclusion to a lengthy process. Claims can take upwards of 10 years to resolve. The most common ways claims are resolved is through mediated or negotiated settlements. Some claims do go to trial. There are even times when a claim is abandoned by the plaintiff. Those are good days.
So what do I do?
Your lawyer will keep you informed. You may be required to prepare for court. If your claim goes to trial you will likely testify on your own behalf.
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Step 4
The discovery process
The discovery process lays the foundation for your defense. You will be questioned by the plaintiff’s lawyer. Your lawyer will question the plaintiff. These “discoveries” will be scrutinized by expert witnesses on both sides. The discovery process often involves production of documents and records by both sides. Your clinical notes will be central to this process.
Take this seriously. Follow the advice of your lawyer. Make yourself available to prepare.
So what do I do?
Step 5
Your lawyer builds your defense
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This is usually a long process that takes months, sometimes years, to complete. This is when experts are retained, additional information is gathered, and a strategy is developed to resolve the claim.
So what do I do?
Again, follow your lawyer’s advice. You can also check in with your CCPA Claims Officer whenever you have questions or need a shoulder to lean on.
Step 6
The claim is resolved
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This is the conclusion to a lengthy process. Claims can take upwards of 10 years to resolve. The most common ways claims are resolved is through mediated or negotiated settlements. Some claims do go to trial. There are even times when a claim is abandoned by the plaintiff. Those are good days.
So what do I do?
Your lawyer will keep you informed. You may be required to prepare for court. If your claim goes to trial you will likely testify on your own behalf.

Those are all the steps to a claim. It’s daunting. The process is arduous. Fortunately, not every claim goes through all of these steps. Many are resolved along the way. You can be confident that CCPA has been successfully navigating this process for 30+ years. As a CCPA member you’ll get our expert guidance every step of the way. We are chiropractors protecting chiropractors.