A chiropractor performed vigorous manual neck manipulation without a “work-up” to determine whether there was increased risk to the patient based on factors such as medical history, and without warning the patient of the risk of stroke. The patient suffered a stroke and later sued the chiropractor for medical malpractice.
The patient retained experts who testified that the risk of stroke was “not low, significant, and even higher” with no work-up and with vigorous and rotational manipulation as performed in the case.
There was no expert testimony that the procedure itself was improperly performed. However, the chiropractor admitted for the purposes of the summary motion that the procedure caused the stroke.
The trial court dismissed the case.
The patient appealed. The Court of Appeals agreed there was no evidence that a work-up would have prevented the stroke, but ruled in the patient’s favor on the issue of lack of informed consent.
The chiropractor argued that the patient’s experts did not statistically quantify an increased risk of stroke, and therefore there was no proof of a failure to warn.
The Court held that “statistical evidence is not always required to establish likelihood of occurrence for purposes of an informed consent claim” because statistical evidence is not the only way to show the magnitude of risk. The experts for the patient testified that the risk of stroke was “not low and significant” which, the Court held was, though vague, enough to create an issue of fact and therefore the case should be heard at trial. The Court of Appeals reversed the trial court.[1]
Our firm did not participate in this case.
Sometimes people have very bad results after medical care. This does not mean there was medical malpractice. In this case, the provider admitted for the purposes of the motion that the procedure caused the stroke, but the trial court still dismissed the case.
Even though the claim may seem obvious to you, without experts you cannot establish your case in court. As the Court of Appeals noted in this case, if the medical malpractice claimant “lacks expert testimony…the defendant is entitled to summary judgment on liability.”
If you believe you may have a medical malpractice case, you need to consult with an attorney.
[1] Collins v. Juergens Chiropractic, PLLC, ____ Wn. App. ____ (Wash. Ct. App. Div.2 52552-6-II July 8, 2020).
A chiropractor performed vigorous manual neck manipulation without a “work-up” to determine whether there was increased risk to the patient based on factors such as medical history, and without warning the patient of the risk of stroke. The patient suffered a stroke and later sued the chiropractor for medical malpractice.
The patient retained experts who testified that the risk of stroke was “not low, significant, and even higher” with no work-up and with vigorous and rotational manipulation as performed in the case.
There was no expert testimony that the procedure itself was improperly performed. However, the chiropractor admitted for the purposes of the summary motion that the procedure caused the stroke.
The trial court dismissed the case.
The patient appealed. The Court of Appeals agreed there was no evidence that a work-up would have prevented the stroke, but ruled in the patient’s favor on the issue of lack of informed consent.
The chiropractor argued that the patient’s experts did not statistically quantify an increased risk of stroke, and therefore there was no proof of a failure to warn.
The Court held that “statistical evidence is not always required to establish likelihood of occurrence for purposes of an informed consent claim” because statistical evidence is not the only way to show the magnitude of risk. The experts for the patient testified that the risk of stroke was “not low and significant” which, the Court held was, though vague, enough to create an issue of fact and therefore the case should be heard at trial. The Court of Appeals reversed the trial court.[1]
Our firm did not participate in this case.
Sometimes people have very bad results after medical care. This does not mean there was medical malpractice. In this case, the provider admitted for the purposes of the motion that the procedure caused the stroke, but the trial court still dismissed the case.
Even though the claim may seem obvious to you, without experts you cannot establish your case in court. As the Court of Appeals noted in this case if the medical malpractice claimant “lacks expert testimony…the defendant is entitled to summary judgment on liability.”
If you believe you may have a medical malpractice case, you need to consult with an attorney.
[1] Collins v. Juergens Chiropractic, PLLC, ____ Wn. App. ____ (Wash. Ct. App. Div.2 52552-6-II July 8, 2020).