April 2007

N.J. court strikes down extra-spinal adjustments

A panel of appellate judges in New Jersey ruled that state law limits chiropractic adjustment to the spinal column and does not include adjustment of other joints.

According to an alert to New Jersey DCs, put out by the Association of New Jersey Chiropractors (ANJC), the conclusion of the court “is in direct contradiction with the position of the board [New Jersey State Board of Chiropractic Examiners] as well as common chiropractic practice on both state and national levels.”

The alert states, “The court’s decision is clear that as of April 18, 2007, chiropractors in New Jersey should not perform extra-spinal adjustment of joints outside the articulations of the spinal column. To do so would subject the chiropractor to the risk of financial liability or charges of professional misconduct for providing services outside of the scope of practice as redefined by the [court] decision.”

ANJC was not part of the original case, in which an Ocean County woman alleged she suffered torn cartilage because of adjustments on her left knee in 1999. In the original trial, the plaintiff asked the judge to rule that New Jersey chiropractors are not permitted by law to adjust outside of the spinal column.

The judge denied the request. Consequently, the plaintiff’s expert witness was barred from testifying. The jury returned a verdict for the defendants. The plaintiff appealed, and the ruling of the appellate panel favored the plaintiff.

ANJC learned about the case in the late stages of the appeal. The association filed an amicus (friend of the court) brief on behalf of the chiropractor who was sued, but it was unable to introduce evidence at that stage. ANJC will be joining the malpractice attorney to request the New Jersey Supreme Court to overturn the appellate court’s decision.

In addition to lending legal support, ANJC will:

• Formally request the State Board of Chiropractic Examiners to direct its Deputy Attorney General to file an amicus brief with the Supreme Court to confirm the incorrect decision;
• Continue to support and promote new scope of practice legislation;
• Post detailed information regarding the case on the ANJC Web site (www.anjc.info).

Sources: Association of New Jersey Chiropractors, www.anjc.info; Asbury Park Press, www.app.com

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