Patient's Arbitration with Chiropractor Does Not Prevent Recovery against Hospital

April 7, 2021 | Strategic Insights for Health System


A patient with neck pain allegedly experienced injuries after undergoing chiropractic treatments, then sought treatment at a hospital, but her spinal cord compression was allegedly not timely diagnosed and treated. In a lawsuit brought by the patient, the Supreme Court of New York, Appellate Division, Fourth Department, held that arbitration between the patient and the chiropractic defendants did not prevent the patient from recovering damages from the hospital defendants.

The patient sought treatment for neck pain. She received chiropractic treatment from the defendant chiropractor and his practice two days in a row. According to the complaint, these treatments resulted in injuries to her spine. By the third day, her condition had worsened, so she was treated at the defendant hospital. However, the complaint alleged that the defendants failed to...

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