King v. Greathouse

VERDICT

Trial
09/09/09 – 09/11/09

Play button overlay 45f08f27c7337d189e8c31e635b5d0a0781b273131135cd77ee8b6f12366e7a2
Play button overlay 45f08f27c7337d189e8c31e635b5d0a0781b273131135cd77ee8b6f12366e7a2

Summary

The plaintiff visited the defendant chiropractor due to lower back pain. After the defendant performed a cerebrovascular assessment, the plaintiff allegedly reported nausea and dizziness. The defendant remained by the plaintiff's side for six seconds, after which the plaintiff fainted (syncopy), fell off the examination table, and landed face-down on the floor, allegedly suffering a permanent spinal cord injury.

According to the plaintiff, the standard of care required the defendant, based on the plaintiff's vasovagal response, to immediately lie the patient down on the table.

The defense asserted that the standard of care was not breached because the plaintiff only reported temporary nausea, which cleared up immediately. According to the defense, the plaintiff's injury was not foreseeable because the defendant did not know that the plaintiff had a congenitally narrow spinal cord, as well as preexisting degenerative disc disease. Moreover, the defense claimed that the plaintiff's spinal cord injury more likely resulted from a trauma that occurred six weeks earlier when the plaintiff hit his butt on the bottom of a swimming pool after doing a "cannon ball" jump. This injury, the defense argued, was only temporarily aggravated by the incident in the chiropractic examining room.

The jury found that the defendant was not negligent.

Outcome

Verdict for the defense

Sessions

PM Session
Plaintiff Witness(es)
29 Chapters
SEP
9
SEP
10

Recording Disclaimer: This proceeding was recorded in full.

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