Background
Sam is a self-employed physiotherapist, who runs a private practice that specialises in dealing with various musculoskeletal conditions. Sam is highly qualified and has over a decade’s experience, and has a solid reputation in her local community for delivering effective treatments.
The Incident
The patient initially sought treatment for chronic back pain, following a sporting injury. Over a period of several weeks, Sam provided a combination of manual therapy, exercises, and advice for managing the pain. After a period of months, the patient’s condition did not improve as expected, and they reported increased discomfort. Feeling dissatisfied with the lack of progress, the patient filed a complaint against Sam, alleging ineffective treatment and inadequate communication about their treatment plan.
The Investigation
Following the incident, Sam initiated her own internal investigation. This included reviewing the patient’s medical history, treatment plan, progress notes and communication records.
The investigation revealed that while Sam had initially formulated an appropriate treatment plan, the lack of progress was due to a combination of factors, including non-compliance with prescribed exercises and lifestyle recommendations.
The Claim
The patient filed a professional indemnity claim against Sam, alleging negligence in providing proper care and setting realistic expectations around expected outcomes. The claim sought compensation for medical expenses, as well as pain and suffering.
Resolution
Sam notified her professional indemnity insurance provider about the claim. Her insurance company initiated an investigation and appointed a legal team to handle the case. They reviewed all relevant documentation, including the client’s medical records, care plans, Sam’s case notes, as well as obtaining an expert opinion from an external Physiotherapist, to assess the treatment provided by Sam.
The case went through mediation, where both parties attempted to reach a settlement. As it was proven the patient had not followed the treatment plan provided by Sam, Sam was found not to be liable for the patient’s continued discomfort.
Investigation and defence costs were covered by Sam’s insurance policy.
Key Takeaways
- Professional indemnity insurance played a crucial role in protecting Sam through the claims process, covering investigation costs, legal expenses and potential compensation.
- Thorough documentation, including care plans, incident reports and policies and procedures, helped support Sam’s defence.
