Chiropractic Forensics                        Legal
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disclaimer this area of the forensics web site is not intended to offer legal advice. Nor is it intended to substitute for the consultation with a licensed attorney. It is provided here for discussion purposes only, and to offer information about case histories that are of interest to doctors of chiropractic.

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Q     Dr. Cockburn,   Following a recent deposition it was suggested that I had not diagnosed a patient correctly because I did not use lines of mensuration. My attorney said there was a case Smith v <?> that discussed negligence Vs error of judgment. Can you help us find it and if you know anything about it let me know?

A   Smith V Yohe   Supreme Court of Pennsylvania 10-9-63

Q     Dr. Cockburn I do not believe in taking x-rays of my patients, even in minor car accidents. When a patient has been in a severe accident (above 10 mph) I refer them to an orthopedist for eval and x-rays, and then I treat them only if he refers them back to me. I think this is the safest way to protect myself legally. What are your thoughts? I have only been out of school for 18 months.

A   Taking X-rays   (pro-con)

Q     Dr. Cockburn:   Is all the diagnostic testing we have do necessary in light of managed care, cash practices and the decrease in insurance coverage for some services.  After all, what's wrong with just performing a simple exam and adjusting?

A  Willet V Rowekamp  Supreme Court of Ohio 08-03-38