Chiropractic Malpractice Does not Qualify for Medical Malpractice 2 1/2 Year Statute of Limitations

In an important decision to those involved in the field of chiropractic malpractice, the First Department decided on February 6, 2014 in the case Perez v. Fitzgerald, that the 2½ statute of limitations for medical, dental and podiatric malpractice (CPLR 214-a) does not automatically apply to chiropractic malpractice actions. Ms. Perez sued her chiropractor Fitzgerald, for failure to diagnose a tumor in her neck. She had originally presented to him in May 2005 after a car accident complaining of neck pain. He ordered an MRI and reviewed the radiologist’s report which indicated she had a number of herniated/bulging discs with no mention of a tumor. He treated her neck pain and hand numbness with chiropractic adjustments. Although she was being treated by various other physicians she did not complain to the others about her neck pain and hand numbness. In 2007, she saw a new chiropractor when her condition did…Read More