Dear Dr. M
I am a new practitioner in  WV, I have written to you before. I have a small problem. Being 
the newest chiro and only female chiro in town my practice is exploding. The other guys in 
town are getting jealous. One in particular has written a complaint to the WV board about 
my business card being on the local TV advertising station. I have on my card" The very 
best in Chiropractic care for children and adults." This chiro who complained says I am 
making myself out to be superior.  I could see that if I were advertising that "I am better 
than so in so, so come to me for care," but I see nothing wrong with my claim.  
I have since changed it to "Striving to be the very best,..." just to avoid petty problems, but 
I have to send a response to the Board and I don't want to say I was wrong, so I changed 
it. My attorney says If I could find a ruling from another similar situation, where the judge 
said that the claim was just advertising, and no intent to harm is there, that it would help my 
case.   Do you have any knowledge of where I might find a ruling, or know of a similar 
case? They say the most common trouble chiros get into is for advertising, so there must be 
some case in some state?  I would appreciate any advice you could give me, or even the 
name of an attorney who has handled such cases? 

A:

Thanks for the e-mail and well done getting your practice started. Remember you can¼t 
please everyone all the time and the board of examiners are paid to investigate complaints 
and in all fairness they are asking you for a response rather than condemning up front. I 
also would imagine that whatever you say or do this DC that turned you in will never be 
pleased and you cannot respond tit for tat and get lawyers and all without it bearing down 
on you emotionally and taking away from your energy to serve folks.

Therefore .. since you asked my opinion I will give it to you .. but I am not a lawyer .. nor 
do I think you even need one for this. The board has responded to a fellow DC and is 
investigating. If there is an advertising law or ethics boundary that can be found within 
your state DC handbook which can be obtained from the board .. call them and ask that 
they fax you the portion concerning advertising .. and when you receive this and find you 
did not go beyond any stated boundaries you are in the clear. If you are called to the board 
to meet and explain yourself .. it¼ll br just a formality .. not as if you hurt somone or went 
beyond the border of ethics etc. If they feel you did they will request you make the changes 
and slap your wrist and that¼ll be all .. possibly a punitive fine .. especially the first time 
around. Emotionally .. it may seem to you that the board of examiners has singled you out 
and you are the only „ethics¾ case they are dwelling on ..but this is probably furthest from 
the truth. The DC who turned you in has probably other areas that bothers him/her and 
wishes to satisfy themselves by doing what they are doing .. hassling you. Usually it is an 
old timer ready to hurt the new kid on the block.

You did the correct thing and changed your card to reflect your concern and therefore 
rectify the situation. Personally .. I think the message on the original card was 100% ok  
and could easily be understood with no questions as is. The changes make it even clearer. 

Have a Great Day

Dr. M