Professional Negligence Law Reporter
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Negligent Performance of Lumbar Adjustment
January/February 2019Clancy v. Minkiewicz, No. 2016-002915 NH (Mich. Cir. Ct. Macomb Cnty. June 27, 2018).
Patrick Clancy, who was in his 40s, experienced low back pain for a three-week period. He went to chiropractor Rose Minkiewicz, who performed a lumbar adjustment. After the appointment, Clancy fell to his knees while walking to his car. He was subsequently taken to a hospital emergency room and was diagnosed as having two annular tears and herniated lumbar disks. He underwent an emergency laminectomy and also required an additional surgery a year later.
Clancy sued Minkiewicz and her employer, Total Health Systems, alleging negligent performance of the
lumbar adjustment. The plaintiff claimed that the chiropractor was too aggressive in performing the adjustment and did so before reducing his back spasms. The plaintiff did not claim lost income. The jury awarded the plaintiff more than $1.04 million.
Plaintiff counsel: Brian T. Dailey, Bloomfield Hills, Mich.