Don’t slip up with patient safety
While most chiropractors look to treatment related areas as having the most potential to result in a liability claim, that is not always the case.
Guild Insurance Limited has, over time, seen an increase in the number of claims against health professionals, including chiropractors, from injuries sustained whilst entering or leaving the practice, or as a result of equipment failure or inadequate maintenance of equipment generally.
Legal liability can attach to the owners and/or occupiers of premises on which a person is injured. Essentially the occupation of premises gives rise to a duty of care owed to entrants to the premises and requires that reasonable steps be taken to ensure that person’s safety. At law a person will be deemed to be an occupier if he or she exercises “control” over the premises. The test is usually whether that person has the right to admit or exclude visitors.
The occupier of premises must therefore eliminate dangers which could be reasonably foreseeable of creating a risk of injury to a person entering the premises. This duty extends to exercising reasonable control over activities of patients which may endanger others on the premises.
A similar “reasonable person” test applies in relation to equipment located on the premises.
Learning from others mistakes
Guild Insurance has been notified of the following cases which may be useful when reviewing your practice for risks and in gaining an understanding of how the law works in this particular area:
- A patient fell over a box of magazines in an aisle within the insured’s practice. It was alleged the box was difficult to see due to poor lighting.
- A patient slipped and fell on wet tiles at the entrance of the insured’s practice. There were no warning signs and coefficient of friction tests confirmed the tiles were inherently slippery when wet.
- A patient suffered a back injury when the chair collapsed from under him. The chair was unstable due to a missing bolt. The practice did not have any system of checking equipment.
- A patient tripped in a pothole located in the car park at the insured’s practice and suffered a fractured leg and hip as a result of the fall. The insured had been aware of the existence of the pothole for some time but had taken no steps to address that danger.
Reducing your risk
The following is a list (albeit not exhaustive) of steps which can be taken by chiropractors to reduce the risk of a claim:
- Ensure there is adequate lighting within the premises including adequate lighting at all entrance/exit points.
- Consider whether the flooring is in good condition or requires replacement—many accidents occur when people trip on old worn sections of carpet.
- Avoid allowing equipment and other items to accumulate or be stored in corridors or access ways.
- Warn patients (via the use of a sign) if the floor is slippery when wet and consider whether non-slip treads should be installed.
- Warn patients (via the use of a sign) if there is a change in height in the flooring within the premises.
- Ensure that all equipment is regularly checked and maintained and if necessary replaced.
- Ensure you have a system of cleaning in place which is adhered to (together with staff training).
Courts impose a high standard of care on occupiers of premises and a failure to act reasonably can result in significant damages being awarded against the occupier.
This article was written by Paul Baker, Solicitor Director of Guild Legal Limited, on behalf of Guild Insurance, the preferred professional indemnity insurer of Chiropractor’s Association of
Guild Insurance AFSL No. 233791.
