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Verdicts
Chiropractic Care Is Not Necessarily 'Medical' Care
A unanimous panel of New York's Appellate Division has declared that the statute of limitations for suing a chiropractor for malpractice in the State is three years, not the two-and-a-half years prescribed by statute as the limitations period for medical, dental and podiatric malpractice. Perez v. Fitzgerald, 305261/09, 2014 NY Slip Op 00744 (App. Div. 1St Dept., 2/6/14).
The plaintiff began seeing the defendant chiropractor in 2005 for treatment of neck and back pain following a car accident. At some time during the patient's course of treatment, the chiropractor ordered an MRI but did not read the results herself, instead relying on a report from the radiologist. The patient saw another chiropractor in 2008, who ordered a second MRI ' this one showed that the plaintiff had a tumor on her spine, which required surgical removal. The plaintiff then sued her first chiropractor, alleging that she was negligent in not diagnosing the tumor with the first, unread, MRI.
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