How One Consent Mistake Exposed a Chiropractor to Serious Risk and How to Avoid it

In chiropractic care, ensuring proper consent is more than just a legal requirement—it’s a critical step in protecting your practice and safeguarding the well-being of your patients, particularly when the patient is a minor. A recent case underscores just how vulnerable chiropractors can be if all aspects of consent are not carefully covered.

The Case: Grandmother Brings Children Without Parental Consent

In this case, a grandmother was bringing her two grandchildren to a chiropractor for regular adjustments. During one of these visits, the grandmother mentioned concerns of potential abuse occurring between the children’s parents and expressed fear that the children might also be at risk of abuse.

While this raised immediate concerns as a mandatory reporter, a crucial issue arose: the grandmother did not have consent from the parents to bring the children to the chiropractor in the first place. This placed the chiropractor in a precarious position. Reporting suspected abuse is required by law, but without proper consent from the parents, the situation could be turned around, with the parents potentially using the lack of consent against the chiropractor.

This case highlights the potential legal and professional risks chiropractors face when treating minor children without ensuring every detail of the consent process is properly handled.

Don’t Assume Consent—Get It in Writing

At ChiroFutures, we know that chiropractors often work with families and children, especially those practicing in lifetime, family, and wellness models. But when it comes to treating children, even well-meaning gestures can put you at risk if the appropriate consent isn’t in place.

Here are some scenarios to consider:

• - A parent brings in their child but has shared custody and didn’t inform you that they cannot make medical decisions without the other parent’s consent.
• - A grandparent brings in a child for care, but they do not have legal authority to make healthcare decisions.
• - A minor arrives for care on their own, without a parent or guardian present, and claims they have the right to consent to care.

Each of these situations has the potential to create serious legal complications for the chiropractor. Even when parents are amicable, disagreements can arise, and when there is a history of family disputes or legal custody arrangements, it is critical that you protect yourself by ensuring you have consent from all necessary parties.

Best Practices for Protecting Your Practice

1. Obtain Signed Consent: Always get written consent from the parent or legal guardian before seeing a minor. If there are custody issues, ask for documentation to ensure that the person bringing the child has the authority to make healthcare decisions.

2. Be Aware of Custody Arrangements: If a parent mentions separation or divorce, don’t assume consent is implied. Request documentation showing who has the legal right to make medical decisions for the child.

3. Ensure Consent for Minors Driving Themselves: If a minor is of driving age and comes in without a parent or guardian, make sure you have prior written consent from the parent for them to receive care independently.

4. Never Be Alone with a Minor: For your protection, always ensure that a chaperone is present during the care of minors. This not only protects you from potential allegations but also ensures the safety and comfort of your patient.

5. Guardianship and Third-Party Caregivers: If someone other than the parent is bringing the child in for care, such as a grandparent or legal guardian, ensure that the appropriate paperwork is in place that grants them authority to make healthcare decisions.

The Role of a Good Malpractice Provider

Navigating complex situations like the one described can be difficult, and that's why having a solid malpractice insurance provider like ChiroFutures is invaluable. Not only does it protect you in the event of legal action, but it also provides guidance on best practices for consent and other risk management concerns.

As always, ChiroFutures is here to support you. We encourage all chiropractors to review their consent policies, ensure all documentation is up to date, and never hesitate to ask for help when faced with uncertain situations. You don’t have to navigate these challenges alone—make sure you have a trusted malpractice provider to back you up.