Medical Negligence or Malpractice Claim Against a Chiropractor in the Philippines: A Comprehensive Overview

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. For specific concerns, please consult a qualified attorney.

I. Introduction

Chiropractic care is an alternative and complementary healthcare practice that focuses on diagnosing and treating mechanical disorders of the musculoskeletal system, particularly the spine. In the Philippines, it has gained popularity over the years as more people seek non-invasive treatments for back, neck, and joint pain. However, like any form of healthcare, chiropractic treatment can give rise to allegations of negligence or malpractice if a patient is harmed. This article discusses the legal framework, standards, and processes involved in pursuing a medical negligence or malpractice claim against a chiropractor under Philippine law.

II. Regulation of Chiropractors in the Philippines

Lack of a Specific Chiropractic Law
Unlike medical doctors, nurses, or physical therapists who have clear licensing and regulatory laws (e.g., the Philippine Medical Act, the Philippine Nursing Act, etc.), there is no standalone legislation strictly regulating chiropractic practice in the Philippines.
PITAHC and Traditional & Alternative Medicine Act (TAMA)
The Department of Health, through the Philippine Institute of Traditional and Alternative Health Care (PITAHC), oversees certain aspects of alternative and traditional health practices. The Traditional and Alternative Medicine Act (R.A. No. 8423, also known as TAMA) provides a framework for promoting and regulating traditional and alternative healthcare modalities. However, chiropractic is not comprehensively regulated in the same manner as mainstream medical professions.
Professional Liability
Even in the absence of a specialized chiropractic law, chiropractors who present themselves as healthcare practitioners may still be held liable for negligence or malpractice under the general principles of civil law and relevant consumer protection laws.

III. Legal Basis for a Malpractice or Negligence Claim

Under Philippine law, malpractice claims generally fall under the umbrella of tort law (specifically quasi-delicts) or sometimes breach of contract. The key legal provisions are found in the Civil Code of the Philippines:

Duty of Care
A chiropractor who accepts a patient for treatment owes that patient a duty to exercise the degree of care, skill, and diligence reasonably expected of practitioners in the same field under similar circumstances.
Breach of Duty
A breach occurs if the chiropractor fails to meet the established standard of care—whether by performing a procedure incorrectly, neglecting to obtain informed consent, or using techniques considered inappropriate or harmful.
Causation
The patient must prove that the breach of duty directly caused the injury or aggravated a pre-existing condition. In chiropractic cases, causation can be complex, as musculoskeletal complaints often have multiple contributing factors.
Damages
The patient must demonstrate actual harm (physical injuries, emotional distress, financial loss from medical expenses or lost wages, etc.) to claim compensation. Without demonstrable harm, a malpractice claim will not succeed.

IV. Standard of Care for Chiropractors

Although chiropractic is not as strictly regulated in the Philippines as mainstream medical practices, courts typically look to:

International Standards and Guidelines set by chiropractic associations abroad.
Best Practices and Techniques recognized within the chiropractic community.
Expert Testimony from medical or chiropractic professionals regarding whether a chiropractor’s care was reasonable under the circumstances.

A chiropractor is generally expected to:

Perform a proper assessment or evaluation before commencing treatment.
Use recognized and safe chiropractic techniques.
Obtain informed consent, ensuring the patient understands the risks and benefits of the treatment.
Refer the patient to a medical doctor when symptoms fall outside their scope of practice.

V. Filing a Complaint or Lawsuit

Initial Steps
- Consult a Lawyer: Seek legal guidance to assess the strength of your case.
- Gather Evidence: Obtain all medical records, diagnostic test results, expert opinions, and documentation of expenses related to the alleged negligence.
Out-of-Court Resolution
- Demand Letter: Often, parties attempt to settle through demand letters or mediation before filing suit.
- Mediation or Arbitration: These alternative dispute resolution methods may resolve issues faster and more cost-effectively.
Court Proceedings
- Venue: Typically, the claim is filed in the Regional Trial Court where the chiropractor or the patient resides.
- Nature of the Action: Most claims proceed as civil suits for damages under quasi-delict (Articles 2176 and 2219 of the Civil Code).
- Burden of Proof: The patient (plaintiff) must prove the four elements of negligence—duty, breach, causation, and damages—by a preponderance of evidence.
Possible Administrative or Criminal Liability
If the chiropractor is found to have engaged in fraudulent or criminally negligent acts, criminal charges or administrative sanctions (e.g., if affiliated with a professional board under PITAHC) could also arise. However, these scenarios are less common due to the uncertain regulatory status of chiropractic.

VI. Potential Defenses for Chiropractors

Chiropractors can raise defenses such as:

No Breach of Duty: Arguing that the standard of care was met and proper procedures were followed.
Assumption of Risk: If the patient knowingly consented to the risks associated with the procedure.
Contributory Negligence: Claiming the patient’s own actions contributed to the harm (e.g., failing to follow post-treatment instructions).

VII. Prescriptive Period

In the Philippines, actions for damages based on quasi-delict generally must be filed within four (4) years from the time the cause of action accrues (Article 1146 of the Civil Code). If the case is framed as a breach of contract, the prescriptive period may differ (up to ten years for written contracts), but this typically applies less often in chiropractic negligence claims.

VIII. Damages and Compensation

If the court finds the chiropractor liable, possible damages include:

Actual Damages: Covering medical bills, therapy costs, lost income, etc.
Moral Damages: Compensating for pain, suffering, or emotional distress.
Exemplary Damages: Imposed if the chiropractor’s negligence was particularly egregious.
Attorney’s Fees and Costs: At the court’s discretion.

IX. Conclusion

While chiropractic is not as heavily regulated in the Philippines as mainstream medical practices, chiropractors are still bound by a duty of care and can face legal liability for negligence or malpractice. A successful claim requires proof of duty, breach, causation, and damages. Anyone considering legal action should consult a qualified lawyer to assess the viability of their claim and navigate the complexities of Philippine law.

As chiropractic care continues to gain popularity, it is essential that practitioners adhere to recognized standards and best practices, and that patients remain informed about their rights and legal remedies.