This is indeed a strange case as I don't think anyone could expect this type of diagnosis from a Chiropractor. BD
At trial, a chiropractic expert for the plaintiff testified that the defendants departed from good and accepted chiropractic practices by attempting to diagnose cancer, and by failing to refer the plaintiff to an internist or general surgeon. A chiropractic expert for the defendants characterized the idea that the defendants were attempting to diagnose cancer as "absurd," and testified that they did not depart from accepted practices. In addition, an oncologist who testified as an expert for the plaintiffs, admitted that there was no evidence of cancer on the X-ray films, but also testified that X-rays are not used to diagnose cancer.
A jury returned a verdict for the defendant chiropractors. The Second Department affirmed the jury's verdict stating there was a valid line of reasoning by which the jury could have concluded that the defendants did not depart from good and accepted chiropractic practice, and that the jury was entitled to credit the testimony of the defendants' expert over that of the plaintiffs' expert.
New York Legal Update: Chiropractors, Cancer, And Medical Malpractice
Hat Tip: Kevin, MD
Chiros are indeed held responsible for missing a cancer on an Xray. In fact, if you take an Xray you are responsible for what is on there. In this case there was nothing at the time.
ReplyDeleteThe darn plaintiff went after the chiro, no doubt because the chiro saw the patient multiple times and was the most vulnerable target, although I am sure the attorney went after all treating parties and settled out of court.
This kind of thing happens all the time. In fact, attorneys hold seminars on how to sue chiros because chiros are notorious for poor documentation and hence good targets.
I swear sometimes it ends up being the best record keeper instead of the actual case that sets a precedence today.
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