Bedford v. Riello

948 A.2d 1272, 195 N.J. 210, 2008 N.J. LEXIS 772
CourtSupreme Court of New Jersey
DecidedJune 18, 2008
DocketA-48 September Term, 2007
StatusPublished
Cited by79 cases

This text of 948 A.2d 1272 (Bedford v. Riello) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bedford v. Riello, 948 A.2d 1272, 195 N.J. 210, 2008 N.J. LEXIS 772 (N.J. 2008).

Opinions

Justice LONG

delivered the opinion of the Court.

The essential question presented in this appeal is whether the adjustment of an this case a within the permitted scope of chiropractic practice under New Jersey law. More particularly, the issue is whether adjustment of a knee is within the contemplation of N.J.A.C. which allows for chiropractic manipulation of the “articulations of the spine and related structures.” The trial judge held, as a matter of law, that a knee is always a “related structure” under the rule. The Appellate Division disagreed concluding, also as a matter of law, that a knee can never be considered a “related structure” because N.J.S.A. 45:9-14.5 limits chiropractic practice to manipulation of “the articulations of the spinal column.” We decline to adopt either view. An extremity is neither never nor always a related structure. Under the laws governing chiropractic practice, the issue in every case is whether a condition of the extremity manipulated is logically connected, by cause or effect, to a spinal condition. If it is, the practice is legitimate; if not, it exceeds the authorized scope of chiropractic. The question is one of fact to be resolved on a case-by-case basis.

I

In July 2001, plaintiff Carol Bedford filed a malpractice action against defendants, Drs. Anthony Riello and Peter Lowenstein [213]*213(collectively defendants). Plaintiffs complaint alleged that she sustained injuries as a result of defendants’ negligent adjustments of her knee.

In an in limine motion on the eve of trial, plaintiff sought to introduce testimony that the statute, N.J.S.A. 45:9-14.5, and regulation, N.J.A.C. 13:44E-1.1, that govern the practice of chiropractic in New Jersey prohibit adjustment of a patient’s knee and sought to bar defendants from producing witnesses to the contrary. Because plaintiffs complaint and interrogatory answers had not asserted that defendants violated the statute, the judge refused to consider that argument. However, plaintiff had claimed a violation of the regulation during discovery, and thus, the judge addressed whether the scope of chiropractic practice under the regulation permits adjustment of the knee.

Noting that the plain language of N.J.A.C. 13:44E-1.1(a) includes adjustment of the spine and “related structures,” the judge held that the regulation is broad enough to include adjustment of extremities, such as the knee. Having determined the scope of “related structures” as a matter of law, the judge also held that plaintiffs witnesses could not testify that the term “related structures” means only the sacroiliac, occiput, and rib heads, as plaintiff had proffered. The matter proceeded to a trial at which the following evidence was adduced.

Dr. Lowenstein treated plaintiff numerous times for lower-back and hip complaints. Dr. Riello shared an office with Dr. Lowen-stein and also occasionally treated plaintiff. According to plaintiff, on December 28, 1999, she was seen by Dr. Riello because Dr. Lowenstein was on vacation. She told Dr. Riello that she was experiencing pain in her right hip and in her left knee. Dr. Riello adjusted plaintiffs back and then proceeded to adjust her knee by draping her left leg over his forearm and “push[ing] down ... like a lever.” Plaintiff testified that she “heard a pop and [felt a] burning immediately.” When plaintiff got off of the examination table, her knee throbbed, burned, and “hurt[ ] ... very badly.” [214]*214Plaintiff told Dr. Riello that she was experiencing pain and he responded that she should put ice on her knee.

Plaintiff saw Dr. Lowenstein after he returned from vacation. At that appointment, plaintiff complained that Dr. Riello had adjusted her knee. Dr. Lowenstein responded that he would have done the “exact same thing.” Plaintiff testified that Dr. Lowen-stein then adjusted her back, hips, and knee; that she experienced pain during that adjustment as well; and that she again heard a popping sound. In July 2001, plaintiff underwent arthroscopic surgery to repair a tom meniscus in her left knee. She underwent surgery again in October 2001 to remove a cyst from behind the same knee.

Plaintiff introduced expert testimony from Dr. Robert McCut-cheon, a chiropractor, who had been prohibited from testifying that knee adjustment falls outside the scope of chiropractic. He opined that defendants deviated from the standard of care by failing to properly examine plaintiff and by failing to identify any “subluxation” of the knee that required adjustment. He explained that a “subluxation” occurs when the connection between two bones “is not functioning properly” so that they are “fixed” in place.1 Dr. McCuteheon described the procedure that Dr. Riello used as “probably the most forceful manipulation of any joint in the body.” On cross-examination, Dr. McCuteheon acknowledged that Dr. Riello’s technique was proper, assuming adjustment was required.

Dr. Riello testified that he adjusted Plaintiffs knee “so that it doesn’t affect anything in the spine.” He explained that the adjustment corrected a “posterior tibial subluxation” that was related to plaintiffs knee pain. Further, according to Dr. Riello, the procedure he used to adjust plaintiffs knee did not involve pressure and posed no risk of meniscal tear.

[215]*215Dr. Lowenstein denied having adjusted plaintiffs knee. He also testified that, although a chiropractor’s “focus is always on the spine,” they “are licensed to check and align subluxations of the spine and associated articulations.”

The defense also introduced expert testimony by Dr. Philip Santiago, a chiropractor who previously served on the Board of Chiropractic Examiners. He testified that chiropractors routinely adjust extremities, including the knee, and that such adjustments are appropriate because there is a “kinetic linkage” between the extremities and the spine. Dr. Santiago explained that a knee adjustment is a benign procedure that carries no complications or risks, and that the procedure cannot cause meniscal tears. He also explained that knee adjustments normally cause popping sounds, which result from “gas bubbles breaking]” when the joint is pulled apart.

A jury returned a verdict in defendants’ favor which plaintiff appealed, focusing on the in limine ruling. In a published opinion, the Appellate Division reversed. Looking to the language of N.J.S.A. 45:9-14.5 for guidance in interpreting the regulation, the panel concluded that, as a matter of law, the practice of chiropractic is confined to adjustments of the articulations of the spinal column and does not include adjustment of the extremities. Bedford v. Riello, 392 N.J.Super. 270, 280-81, 920 A.2d 693 (App.Div.2007). The panel went on to hold that the trial judge should have instructed the jury that knee adjustment is outside the scope of legitimate chiropractic practice and, as such, could-be considered evidence of negligence. In light of its ruling, the court remanded the case for a new trial.

We granted defendants’ petition for certification. 192 N.J. 481, 932 A.2d 31 (2007).

II

Defendants’ essential argument is that the Appellate Division erred in its conclusion that chiropractors are prohibited from [216]*216adjusting a patient’s extremities, specifically knees. Relying on the plain language of N.J.A.C.

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Cite This Page — Counsel Stack

Bluebook (online)
948 A.2d 1272, 195 N.J. 210, 2008 N.J. LEXIS 772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bedford-v-riello-nj-2008.