Legal Remedies for Injury Caused by a Chiropractor

Legal Remedies for Injury Caused by a Chiropractor in the Philippines
An Overview in English

1. Introduction

Chiropractic care is a form of alternative medicine focused on diagnosing and treating mechanical disorders of the musculoskeletal system, particularly the spine. In the Philippines, while many Filipinos seek chiropractic treatments to address back pain, neck pain, and other related issues, the regulatory framework for chiropractic is not as developed as that for traditional medical professions. Consequently, patients who suffer injuries allegedly caused by a chiropractor may find it challenging to know their rights and legal remedies.

This article aims to provide an overview of the legal landscape governing chiropractic practices in the Philippines, the avenues for legal redress if injury occurs, and general considerations on how such complaints are filed and resolved.

2. Chiropractic Practice in the Philippines: Regulatory Context

  1. Lack of a Specific Chiropractic Board
    Unlike medical doctors, nurses, or physical therapists, chiropractors in the Philippines do not currently operate under a specific Professional Regulation Commission (PRC) board. The absence of a dedicated regulatory board for chiropractic care means that chiropractors often practice under the umbrella of alternative or complementary medicine, and they may not be subject to the same comprehensive licensure requirements or oversight as physicians or allied health professionals.

  2. Philippine Traditional and Alternative Medicine Act of 1997 (R.A. 8423)

    • Scope: This law created the Philippine Institute of Traditional and Alternative Health Care (PITAHC) to promote and regulate traditional and alternative health care practices, potentially including chiropractic.
    • Implication for Chiropractors: The Act allows for the possibility of recognizing and regulating certain alternative healing modalities. However, regulation under PITAHC has been uneven, and standards specific to chiropractic care may not be as firmly established compared to more traditional health professions.

  3. Local Government Regulations
    Chiropractors may secure business permits from local government units (LGUs), but these permits mainly address the business side (i.e., operating a clinic) rather than confirming professional competence. Consequently, a chiropractor might be legally allowed to operate a clinic without a formal professional license specific to chiropractic.

  4. Medical Act of 1959 (R.A. 2382)
    While the Medical Act regulates the practice of medicine, it typically applies to licensed physicians. If a chiropractor were to exceed the scope of chiropractic methods and perform procedures restricted to licensed medical doctors, issues related to “illegal practice of medicine” could arise.

3. Common Causes of Chiropractic-Related Injuries

Injuries allegedly stemming from chiropractic care often involve spinal manipulation and adjustments that, if performed incorrectly, may lead to:

  • Nerve damage (e.g., sciatic nerve or cervical spine nerve irritation)
  • Misalignment or worsening of an existing spinal condition
  • Soft tissue injuries like muscle strain or ligament sprain
  • Stroke or vertebral artery dissection in rare cases involving high-velocity neck manipulations

When such injuries occur, patients may pursue legal action if they believe that the chiropractor’s negligence or improper technique caused or contributed to the harm.

4. Legal Bases for Claims Against Chiropractors

In the Philippines, individuals who sustain injuries from a chiropractor’s intervention typically rely on the following legal bases:

  1. Civil Liability (Tort / Quasi-Delict under the Civil Code)

    • Negligence: A patient can claim that the chiropractor failed to exercise the degree of care, skill, and prudence that a reasonably competent chiropractor would use under similar circumstances.
    • Elements of Negligence: Duty of care, breach of that duty, injury sustained, and a direct causal connection between the breach and the injury.
    • Possible Damages: Actual or compensatory damages (e.g., medical expenses, lost wages), moral damages (for pain and suffering or mental anguish), and sometimes exemplary damages (if gross negligence is proven).

  2. Criminal Liability

    • Reckless Imprudence Resulting in Physical Injuries (Revised Penal Code): If the chiropractor’s actions are so reckless that they constitute criminal negligence, the injured party may consider filing a criminal complaint.
    • Illegal Practice of Medicine (if applicable): If the chiropractor performs restricted medical acts (e.g., prescribing certain medications, conducting invasive procedures) without being a licensed physician, this may be a ground for criminal charges under the Medical Act.

  3. Administrative Liability

    • PITAHC (if accredited): If the chiropractor is accredited under PITAHC or any relevant regulatory scheme, the patient may file an administrative complaint.
    • Local Government Complaints: In some cases, complaints can be filed with the local government units that issued the business permit, although remedies here are typically limited to fines, revocation of permits, or closure orders, rather than compensation for injuries.

  4. Breach of Contract (if applicable)

    • If there is a formal agreement or contract stipulating the chiropractor’s duties and responsibilities, and they fail to uphold these, the injured party might also claim contractual breach.
    • This is less common in chiropractic cases, but it may be relevant if specific promises or guarantees were made in a written agreement.

5. Filing a Civil Case for Personal Injury (Quasi-Delict or Negligence)

  1. Consult with a Lawyer
    An attorney can help evaluate whether there is sufficient evidence to establish negligence or quasi-delict, including the required elements of duty, breach, causation, and damages.

  2. Evidence Collection

    • Medical Records: Secure records before and after the chiropractic treatment, including official medical findings of the injury’s nature and cause.
    • Receipts and Billing: Document financial loss, including therapy, hospital bills, and medications required due to the alleged injury.
    • Expert Opinion: A medical expert (e.g., an orthopedic specialist or a physician familiar with spinal conditions) may be needed to establish that the chiropractor’s conduct deviated from accepted standards and caused the injury.

  3. Filing the Complaint

    • Complaints for personal injury (quasi-delict) are generally filed in the Regional Trial Court (RTC) of the province or city where the injury occurred or where the plaintiff or defendant resides.
    • The complaint outlines the facts of the case, the legal basis (e.g., negligence), and the relief sought (damages).

  4. Court Process

    • Pleadings and Preliminary Motions: The defendant (chiropractor) files an answer, and preliminary motions may be heard.
    • Pre-Trial: The parties attempt settlement or stipulate on facts; the court schedules the presentation of evidence.
    • Trial: Presentation of evidence and witnesses, including expert testimony.
    • Judgment: If the court finds the chiropractor liable, it will award damages. If not, the case is dismissed. The losing party can appeal.

6. Filing a Criminal Case (Reckless Imprudence or Illegal Practice of Medicine)

  1. Barangay Conciliation (if applicable)

    • For certain offenses, the first step might be to undergo barangay conciliation under the Katarungang Pambarangay Law, unless the crime alleged is exempt from such procedure.

  2. Complaint at the Prosecutor’s Office

    • The injured party or their counsel files an affidavit of complaint before the Office of the City or Provincial Prosecutor, attaching medical records, witness affidavits, and other evidence.
    • The prosecutor conducts a preliminary investigation to determine if there is probable cause.

  3. Court Proceedings

    • If the prosecutor finds probable cause, an information is filed in court, and the chiropractor (as the accused) will be arraigned.
    • Trial proceeds with the presentation of evidence.
    • If found guilty, the chiropractor may face criminal penalties (fine or imprisonment), depending on the severity of the offense and extent of injury.

  4. Challenges

    • Criminal liability requires proof beyond reasonable doubt, a higher standard than civil cases (which only require preponderance of evidence).
    • Establishing reckless imprudence or illegal practice of medicine often requires expert medical testimony confirming that the chiropractor’s actions were grossly negligent or unlawful.

7. Potential Damages and Other Remedies

  1. Compensatory Damages

    • Actual Damages: Covers hospital bills, rehabilitation costs, and lost income.
    • Moral Damages: Awarded if the patient proves they experienced mental anguish, serious anxiety, or emotional suffering.
    • Attorney’s Fees: May be awarded if provided by law or contract, or if the court deems it just and equitable.

  2. Exemplary Damages

    • Granted to set a public example or correct the behavior of the defendant, typically when gross negligence or bad faith is proven.

  3. Administrative Sanctions

    • If a chiropractor is accredited by or registered with a recognized authority (such as PITAHC, if any relevant accreditation exists), that body may suspend or revoke their right to practice alternative medicine.

  4. Settlement or Alternative Dispute Resolution

    • Parties sometimes opt for mediation or settlement to avoid protracted litigation. This can involve a negotiated monetary settlement and confidentiality agreements.

8. Defenses Available to Chiropractors

When faced with a claim of injury, chiropractors can raise various defenses:

  1. Lack of Negligence: Arguing that the standard of care was met, and the injury was an unforeseeable complication rather than the result of negligence.
  2. Pre-Existing Condition: Showing that the patient’s condition existed prior to the chiropractic intervention and was not exacerbated by any negligent act.
  3. Assumption of Risk: Claiming the patient was aware of potential risks inherent in spinal manipulation and consented to treatment despite them.
  4. Lack of Causation: Arguing that the injury’s true cause was unrelated to the chiropractic adjustment (e.g., a concurrent medical issue).

9. Practical Tips for Patients

  1. Research: Before seeking chiropractic treatment, verify the practitioner’s credentials or affiliations. Check if they have undergone formal chiropractic education or if they belong to professional associations.
  2. Document Everything: Keep a detailed record of the treatments, the chiropractor’s recommendations, and any consent forms or waivers signed.
  3. Seek Prompt Medical Attention: If an injury occurs, consult with a licensed physician immediately for proper diagnosis and documentation of injuries.
  4. Get Legal Advice Early: Since chiropractic regulation is less clear-cut, a lawyer’s advice is crucial for understanding your options and the likelihood of success.

10. Conclusion

Although chiropractic care is recognized by many in the Philippines as a valid form of alternative health treatment, the absence of a specialized regulatory board and the limited statutory guidelines complicate legal issues when injuries occur. Patients who have been harmed due to suspected chiropractic negligence may seek redress through civil actions (quasi-delict), criminal proceedings (if the conduct amounts to reckless imprudence or illegal practice of medicine), and—in rare circumstances—administrative remedies through existing frameworks such as PITAHC.

Ultimately, individuals considering legal action against a chiropractor should promptly consult an attorney to evaluate the merits of their case, gather necessary evidence, and determine the most appropriate legal forum. While challenges exist due to the current regulatory gaps, Philippine law does provide avenues for patients to obtain compensation for injuries and to hold negligent chiropractors accountable.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For specific concerns about a chiropractor-related injury, consult a qualified attorney in the Philippines.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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