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Our client was a local professional rugby league player aspiring to play in the National Rugby League one day.
Our client suffered an acute lumbar injury during a pre-season match for which he consulted a Chiropractor. The Chiropractor ordered a lumbar x-ray which showed a Grade 1 spondylolisthesis at L5/S1 with an anterior 11mm slip.
This is a very significant finding in a young man and one which obviously contraindicates manipulative therapy, and in fact, a return to contact sports. The condition was not manually reducible and chiropractically treatable, other than symptomatically and a matter for specialist spinal medical referral.
Our client was not advised of the x-ray findings, the treatment options, and the need for further referrals. Instead, our client was advised that his injury was ‘relatively minor’ and was chiropractically treatable, after which he could resume rugby when the season started.
Relying on the advice of the Chiropractor, our client underwent spinal manipulations and returned to playing rugby league after 3 weeks. In his return game, our client quickly suffered an aggravation of his condition.
Our client has had to give up playing rugby league.
Mr Recep Ayas, our Medical Negligence Solicitor, was able to obtain clinical records of the Chiropractor to confirm our client’s instructions. He then briefed an Experienced Independent Chiropractor for an opinion on liability. Recep was able to establish that the condition contraindicated spinal manipulation and our client should not have been told he could return to rugby which contributed to further injury.
There was a dispute between the parties as to whether our client’s current condition is the natural history of spondylolisthesis rather than the consequence of a specific injury. Radiologically there was no evidence of aggravation.
In these circumstances, the matter settled on a reasonable compromise and our client received $200,000.
If you have been treated improperly by a chiropractor or have an enquiry in relation to a potential medical negligence claim, please call us at 1800 004 878 or file an enquiry form to speak to one of our medical negligence lawyers.
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