Dealing with chiropractors: gaining a sense of reality when presenting credentials

Article Abstract:

The preparation of material for the cross-examination of a doctor of chiropractic as a witness in court is presented. The material is relevant both for lawyers and for chiropractors preparing for court testimony. The use of the chiropractic literature is emphasized as a means of discrediting chiropractic process and therapy. Chiropractic was founded by D.D. Palmer in the US in 1895 and his book, 'The Chiropractors Adjuster' also titled 'The Science, Art and Philosophy of Chiropractic' published by Portland Printing House Company, Portland, Oregon, is the basic work of chiropractic medicine. To the ears of many jurors many of the techniques described sound more like voodoo than methods of treatment. Common directions for cross-examination are based on a table in Palmer's work which lists most human maladies and their chiropractic (spinal adjustment) treatment. In many cases, the chiropractic tenet that all disease is caused by a malalignment of the spine simply appears ludicrous. Current publications from the Palmer Institute and other sources stress 'practice building', a thinly disguised term for how to become rich and stay that way. A great number of chiropractors will admit to attending such seminars and to studying Palmer. A frequent source of legal work concerns the claim of a chiropractor for payment of bills for alignments, frequent X-rays, expensive vitamin supplementation, and other highly questionable practices. The trial lawyer's strategy is to create skepticism in the juror's mind regarding the role of chiropractic, along with the particular chiropractor. Often these bills are tied to claims of worker's compensation or other insurance repayment. (Consumer Summary produced by Reliance Medical Information, Inc.)

Insurance

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The chickens are coming home to roost

Article Abstract:

The profession of chiropractic has had a history of great reluctance to criticize individual members, even when they were engaged in clearly fraudulent or unethical practices. The profession has also shown resistance to applying scientific methods to investigate the value of chiropractic procedures and method. Perhaps this resistant attitude has been born of the unremitting attack on the principles and treatment of chiropractic by the conventional medical establishment. Given the pervasive attack by the traditional medical community, it is no wonder that individual chiropractors have resisted criticizing others in their profession. To a large degree, the individual nature of chiropractic method and the often close personal relationship between patient and chiropractor insulated a competent practitioner from the fraudulent practices of another chiropractor. However, this type of protection may be coming to a close because of the rapidly changing funding patterns of health services. Given the emerging pattern of Health Maintenance Organizations (HMOs) and other systems of preferred or managed practice, the new decision-makers will not necessarily be the patient; third parties will decide what method of health care delivery will be most cost effective. In this environment it is important for the chiropractic community to begin to demonstrate the value of its services and start to police its own members. Whether chiropractic will emerge as an ethical health profession or a health system rife with fast-buck artists will be up to the future actions of the profession itself. (Consumer Summary produced by Reliance Medical Information, Inc.)

editorial

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NACA Members respond: prominent chiropractic attorneys answer questions on legal testimony

Article Abstract:

A group of prominent chiropractic attorneys have responded to questions dealing with the current practice of chiropractic. The past and future role of chiropractic in a legal context, along with an insight into current problems in the profession are provided. As chiropractic gains popularity within the community, it will also attract the attention of its critics. This will most likely increase the number of legal claims that arise. The topics in the article included the following: how current trends in case law affect practice; the impact of practice management consultants on the chiropractor who is involved in litigation; and the legal liability associated with advertizing. Discussion of these issues is presented, along with recent legal developments concerning chiropractic on the state level. Familiarity in these areas is helpful in assisting the practitioner in establishing credibility in the courtroom. (Consumer Summary produced by Reliance Medical Information, Inc.)

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