Gonzales v. New Mexico Board of Chiropractic Examiners

1998 NMSC 021, 962 P.2d 1253, 125 N.M. 418
CourtNew Mexico Supreme Court
DecidedJuly 15, 1998
Docket24096
StatusPublished
Cited by6 cases

This text of 1998 NMSC 021 (Gonzales v. New Mexico Board of Chiropractic Examiners) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gonzales v. New Mexico Board of Chiropractic Examiners, 1998 NMSC 021, 962 P.2d 1253, 125 N.M. 418 (N.M. 1998).

Opinions

OPINION

MINZNER, Justice.

{1} The New Mexico Board of Chiropractic Examiners (Board) appeals the district court’s reversal of its decision to suspend the license to practice chiropractic issued to Rudy J. Gonzales, D.C. Contrary to the conclusion of the district court, the Board argues that its decision is supported by substantial evidence. We agree. We therefore reverse the decision of the district court and remand with instructions to reinstate the order of the Board.

I. FACTS AND PROCEDURE

{2} On February 28,1994, Margaret Kilgore sought and received treatment from Dr. Gonzales at his office in Española. She had received treatment from him for about a year prior to that date and had received care for her neck and lower back from other ehiropraetors for approximately twenty years. Kilgore felt fine before treatment aside from her usual neck pain. Kilgore testified that she believed that there was nothing unusual about the treatment procedure on February 28, though Dr. Gonzales did not do an initial evaluation, an examination often performed by doctors of chiropractic that includes the taking of a patient’s history and blood pressure and palpating the carotid arteries.

{3} During the course of her treatment, Dr. Gonzales manipulated Kilgore’s neck. Afterward, Dr. Gonzales left the room, and ' Kilgore immediately experienced dizziness and vomited. When Dr. Gonzales returned, he escorted Kilgore to the restroom where she vomited again. Dr. Gonzales and Kilgore returned to the treatment room, and he manipulated Kilgore’s neck again. Because of her dizziness and difficulty walking, Dr. Gonzales helped Kilgore to her car. Kilgore could not drive due to her condition, so she waited in her car and vomited again.

{4} About four hours later, Dr. Gonzales noticed Kilgore in her car, assisted her back to the exam room, and manipulated her neck a third time. He asked Kilgore if she wanted to go to the hospital, if she wanted an ambulance, or if he could call a family member for her. Dr. Gonzales did not comment on Kilgore’s condition. Kilgore declined Dr. Gonzales’s offer to seek assistance. Dr. Gonzales once again assisted Kilgore to her car. Approximately two hours later, while Kilgore was still in her ear at his office, Dr. Gonzales and his wife offered assistance. Kilgore refused medical attention because she did not want to alarm her family. As a result, Dr. Gonzales and his wife offered to let Kilgore stay at their house to recover, and Kilgore accepted.

{5} At Dr. Gonzales’s house, Kilgore continued to vomit through the night, but in the morning, she experienced only a headache and some dizziness. Dr. Gonzales manipulated her neck in the morning at his home and again, after Kilgore was too dizzy to leave, in the evening. Kilgore stayed another night. The next morning, upon seeing Dr. Gonzales, Kilgore requested that he not manipulate her neck again because she experienced dizziness each, time he did so. Despite Kilgore’s wishes, Dr. Gonzales manipulated her neck another time. At noon, Dr. Gonzales called Kilgore’s daughter, Kathryn Castillo, at Kilgore’s request, and Castillo picked up Kilgore later in the day. Castillo drove Kilgore back to Albuquerque and took her to University Hospital. At the hospital, Kilgore was admitted with at diagnosis of left cerebellar stroke caused by a left vertebral artery dissection. She underwent surgery due to hydrocephalus and was hospitalized for three weeks.

{6} After Corey Ford, M.D., a neurologist who treated Kilgore at University Hospital, initiated a complaint against Dr. Gonzales for his care of Kilgore, the Board conducted a hearing to determine whether to take disciplinary action against Dr. Gonzales. At the hearing, Kilgore and Castillo testified to the events described above. In addition, three experts testified before the Board: Jack Zipper, D.C., the State’s expert, whom the Board qualified as an expert in chiropractic care; Richard A. Farris, D.C., Dr. Gonzales’s witness, whom the Board also qualified as an expert in chiropractic care; and Dr. Ford, whom the Board qualified as an expert in neurology. Based on the testimony of these experts, as well as the testimony of Kilgore and Castillo, the Board determined that Dr. Gonzales committed acts and omissions constituting gross negligence in the practice contrary to NMSA 1978, § 614-10(A)(16)(f) (1993), committed repeated similar acts of negligence contrary to Section 614-10(A)(16)(i), and engaged in conduct unbecoming a person licensed to practice chiropractic and detrimental to the best interests of the public contrary to Section 61-4-10(A)(16)(q). As a result, the Board suspended Dr. Gonzales’s license for six months and ordered thirty-six hours of continuing education in differential diagnosis and physical examination.

II. STANDARD OF REVIEW

{7} As with all disciplinary decisions under the Uniform Licensing Act at present, a reviewing court may reverse the decision of the Board only

if the substantial rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions or decisions are: in violation of constitutional provisions; or in excess of the statutory authority or jurisdiction of the board; or made upon unlawful procedure; or affected by other error of law; or unsupported by substantial evidence on the entire record as submitted; or arbitrary or capricious.

NMSA 1978, § 61-1-20 (1957, repealed effective Sept. 1, 1998).1 The district court reversed the Board’s ruling on the basis that there was not substantial evidence to support the Board’s findings and conclusions and that the lack of substantial evidence resulted in prejudice to Dr. Gonzales’s substantial rights. On direct appeal to this Court pursuant to NMSA 1978, § 61-1-23 (1957, repealed effective Sept. 1, 1998),2 the Board contends that the district court erred by conducting a de novo weighing of the evidence rather than a limited review for substantial evidence.

{8} “[T]his Court must conduct the same review as the district court while at the same time determining whether the district court erred in the first appeal.” Padilla v. Real Estate Comm’n, 106 N.M. 96, 97, 739 P.2d 965, 966 (1987); accord Oden v. State Regulation & Licensing Dep’t, 1996-NMSC-022, ¶ 6, 121 N.M. 670, 916 P.2d 1337. Thus, in reviewing the district court’s reversal of the Board’s decision, we must determine whether substantial evidence exists to support the findings of the Board and whether Dr. Gonzales’s substantial rights have been prejudiced.

{9} “Substantial evidence is ‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’ ” Duke City Lumber Co. v. New Mexico Envtl. Improvement Bd., 101 N.M. 291, 293, 681 P.2d 717, 719 (1984) (quoting Rinker v. State Corp. Comm’n, 84 N.M. 626, 627, 506 P.2d 783, 784 (1973)).

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1998 NMSC 021, 962 P.2d 1253, 125 N.M. 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzales-v-new-mexico-board-of-chiropractic-examiners-nm-1998.