Woman who sought treatment then sued chiropractor for 'unwanted contact' gets day in court
Published: 2009-05-13 19:56:44
Author: David Yates | Southeast Texas Record | April 7, 2009
In June 2007, the Record reported on a suit filed by a woman who sought a neck adjustment then turned and sued the chiropractor for "unwanted, intrusive contact." Now, the case has gone to trial.
Five weeks after undergoing spinal surgery, LaDonna Burge pleaded with her chiropractor, who also happened to be her boss, to perform an adjustment on her ailing neck and back, according to attorney opening statements heard on April 7.
Dr. Scott Kerr, owner of the Community Chiropractic Center, and his colleague Dr. Ken Arola requested that Burge obtain permission from her surgeon. When the surgeon gave her the green light, Kerr and Arola consented to the adjustment and Burge submitted to two sessions in early December 2006.
A few months later, Burge, the receptionist for Community Chiropractic, filed a lawsuit against the chiropractic center, Kerr and Arola in Jefferson County, claiming the adjustments were performed "against her will" and had worsened her already-traumatized neck.
Arola was severed from the other defendants is now on trial in Judge Gary Sanderson's 60th Judicial District Court.
During opening statements, plaintiff's attorney Mike Pierce said Arola failed to exercise good judgment by consenting to Burge's requested adjustment and "therefore (is) negligent."
Pierce added that his expert witness will testify a prudent chiropractor would have waited a year before performing an adjustment on a patient who recently underwent neck surgery.
Pierce went on to tell jurors that the defense's expert will testify against his position only "because they paid him to do so."
"All … expert witnesses are compensated in some way," countered defense attorney Michele Quattlebaum, adding that the common practice compensates medical professionals for the time away from their patients and schedules to testify in court.
Quattlebaum also said her expert will testify that a chiropractor will wait up to a year after surgery like Burge's before giving an adjustment to ensure the vertebrae fusions are solid.
Court documents show Community Chiropractic Center professionals did X-ray Burge and determined the fusion was solid before the adjustment.
Full story
Published: 2009-05-13 19:56:44
Author: David Yates | Southeast Texas Record | April 7, 2009
In June 2007, the Record reported on a suit filed by a woman who sought a neck adjustment then turned and sued the chiropractor for "unwanted, intrusive contact." Now, the case has gone to trial.
Five weeks after undergoing spinal surgery, LaDonna Burge pleaded with her chiropractor, who also happened to be her boss, to perform an adjustment on her ailing neck and back, according to attorney opening statements heard on April 7.
Dr. Scott Kerr, owner of the Community Chiropractic Center, and his colleague Dr. Ken Arola requested that Burge obtain permission from her surgeon. When the surgeon gave her the green light, Kerr and Arola consented to the adjustment and Burge submitted to two sessions in early December 2006.
A few months later, Burge, the receptionist for Community Chiropractic, filed a lawsuit against the chiropractic center, Kerr and Arola in Jefferson County, claiming the adjustments were performed "against her will" and had worsened her already-traumatized neck.
Arola was severed from the other defendants is now on trial in Judge Gary Sanderson's 60th Judicial District Court.
During opening statements, plaintiff's attorney Mike Pierce said Arola failed to exercise good judgment by consenting to Burge's requested adjustment and "therefore (is) negligent."
Pierce added that his expert witness will testify a prudent chiropractor would have waited a year before performing an adjustment on a patient who recently underwent neck surgery.
Pierce went on to tell jurors that the defense's expert will testify against his position only "because they paid him to do so."
"All … expert witnesses are compensated in some way," countered defense attorney Michele Quattlebaum, adding that the common practice compensates medical professionals for the time away from their patients and schedules to testify in court.
Quattlebaum also said her expert will testify that a chiropractor will wait up to a year after surgery like Burge's before giving an adjustment to ensure the vertebrae fusions are solid.
Court documents show Community Chiropractic Center professionals did X-ray Burge and determined the fusion was solid before the adjustment.
Full story