. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.

ARTICLE ID 189094

DEFENDANT’S – MEDICAL MALPRACTICE – CHIROPRACTIC – CONTINUING TO PROVIDE CHIROPRACTIC CARE TO PLAINTIFF DESPITE WORSENING SYMPTOMS – MISREPRESENTING NEED FOR CARE – COMPRESSED CERVICAL SPINE – CERVICAL SURGERY REQUIRED.

Allegheny County, PA

In this medical negligence case, the plaintiff maintained that the defendant chiropractor continued performing manipulations on the plaintiff’s cervical spine despite an exacerbation of injuries, and failed to refer the plaintiff to an orthopedist following a car accident that the plaintiff was involved in. The defendant maintained that the plaintiff did not have an exacerbation of his injuries following the accident so the chiropractor continued providing the plaintiff with the same care he had been providing for several years.

In ________, the male plaintiff began treating with the defendant chiropractor for treatment of neck and back pain. He saw the defendant on an as needed basis. On November 24, ________, the plaintiff was involved in a motor vehicle collision. The next day he sought treatment from the defendant for exacerbation of his neck pain caused by the accident. The plaintiff continued treating with the defendant chiropractor regularly until ________.

In January of ________, due to the continued worsening of his symptoms, the plaintiff consulted with an orthopedic surgeon who diagnosed the plaintiff with a compressed cervical spinal cord and recommended imminent surgery. On February 18, ________, the plaintiff underwent an anterior cervical microdiscectomy with fusion, bone graft and plating at the C5-6 level.

The plaintiff maintained that the defendant chiropractor was negligent in failing to properly assess the plaintiff’s cervical condition following the November 24, ________, car accident. In addition, the plaintiff alleged that the defendant was negligent in failing refer the plaintiff to an orthopedic specialist following the November ________ accident, continuing to perform manipulations on the plaintiff following the accident, failing to recognize that the plaintiff had a serious cervical spine condition which should not have been treated by a chiropractor and injuring the plaintiff’s cervical spine.

As a direct result of the actions of the defendant, the plaintiff had to undergo extensive surgery and rehabilitation. The defendant maintained that the plaintiff did not experience a significant exacerbation of his symptoms following the vehicular accident and the defendants provided reasonable and appropriate chiropractic care.The jury was asked if they found that the defendant was negligent and they answered no.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.