Levinson v. Connecticut Board of Chiropractic Examiners

560 A.2d 403, 211 Conn. 508, 1989 Conn. LEXIS 172
CourtSupreme Court of Connecticut
DecidedJune 20, 1989
Docket13354
StatusPublished
Cited by117 cases

This text of 560 A.2d 403 (Levinson v. Connecticut Board of Chiropractic Examiners) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Levinson v. Connecticut Board of Chiropractic Examiners, 560 A.2d 403, 211 Conn. 508, 1989 Conn. LEXIS 172 (Colo. 1989).

Opinions

Hull, J.

This case involves appeals taken by two chiropractors, David Levinson (Levinson) and Debra Weiss-Levinson (Weiss-Levinson), from disciplinary decisions of the defendant state board of chiropractic examiners (board). The board suspended the plaintiffs’ chiropratic licenses and ordered each of them to pay fines. The plaintiffs appealed the board’s decisions to the Superior Court. The trial court sustained the appeal as to Levinson and remanded the case to the board for action commensurate with its decision. The appeal as to Weiss-Levinson was dismissed by the trial court. The board then appealed to the Appellate Court the trial court’s decision sustaining the appeal as to Levinson, and Weiss-Levinson cross appealed the trial court’s dismissal of the appeal as to her. We transferred the case to this court pursuant to Practice Book § 4023. We find error on the board’s appeal and remand the case to the trial court with direction to render judgment dismissing the appeal as to Levinson; we find no error on WeissLevinson’s cross appeal.

The factual and procedural background of this case is not in dispute. On December 20 and 21,1983, a notice of hearing and statement of charges were filed against the plaintiffs by the defendant department of health services. The hearing was held before the board on March 6,1984. The notice of charges directed to Levinson stated in relevant part:

“FIRST COUNT: During February and March of 1982 David Levinson negligently or incompetently [511]*511failed to properly diagnose Andrea Paldino which conduct is a violation of Connecticut General Statutes Section 20-29. . . 1

“THIRD COUNT: On or about the 5th of February 1982 David Levinson negligently or incompetently diagnosed and/or treated Andrea Paldino by failing to take proper x-rays which conduct is a violation of Connecticut General Statutes § 20-29.”

The notice of charges directed to Weiss-Levinson stated: “FIRST COUNT: On or about the 5th of February 1982 Debra Weiss-Levinson practiced chiropractic upon Andrea Paldino during a time when Debra Weiss-Levinson was not licensed under Chapter 372 of the General Statutes of Connecticut which conduct is a violation of Connecticut General Statutes § 20-27, § 20-29 and § 20-33.

“SECOND COUNT: On or about the 8th of February 1982 Debra Weiss-Levinson practiced chiropractic upon Andrea Paldino during a time when Debra Weiss-Levinson was not licensed under Chapter 372 of the General Statutes of Connecticut which conduct is a violation of Connecticut General Statutes § 20-27, § 20-29 and § 20-33.

After a contested hearing the board issued a memorandum of decision, dated September 28, 1984. The board made the following factual findings:

[512]*512“1. David Levinson, D.C., at all pertinent times was licensed to practice chiropractic by the State of Connecticut, Department of Health Services.

“2. Pursuant to § 4-182 (c), Conn. Gen. Stat., the respondent was provided a full opportunity prior to the institution of agency action to show compliance with all the terms for the retention of his license.

“3. On February 5, 1982, Andrea Paldino of West Hartford received a telephone call from Debra WeissLevinson, who introduced herself as Dr. Weiss of the Farmington Chiropractic Center.

“4. Debra Weiss told Ms. Paldino that she had learned of her health problem, i.e. persistent cough and headache, from another patient, Joseph Mirabella.

“5. After a conversation in which she described the advantages of manipulation and adjustment of the spine, Debra Weiss urged Ms. Paldino to make an appointment for an examination at the Chiropractic Center.

“6. Ms. Paldino made an appointment for the same day, February 5, 1982. She filled out a confidential patient case history which listed neck pain, lower back pain and bronchitis as her major complaints.

“7. During the February 5,1982 appointment, Debra Weiss discussed and explained chiropractic to Ms. Paldino and advised her in order to diagnose her case that she would have to take x-rays and conduct an examination.

“8. Debra Weiss proceeded to take several x-rays of Andrea Paldino. She also performed a kinesiological examination which included testing of reflexes and testing of muscle balance and strength.

“9. On February 8, 1982, Andrea Paldino returned to the Chiropractic Center for her second appointment.

[513]*513“10. During the February 8 appointment, Debra Weiss interpreted Ms. Paldino’s x-rays, pointing out that the chest x-ray contained small white dots around the top portion of her chest, indicating that there was lot of mucus in this area, and that the x-ray of the lower spine indicated that it was not formed correctly.

“11. During the aforementioned appointment, Debra Weiss also interpreted the results of Ms. Paldino’s kinesiology examination, pointing out that one of her legs was shorter than the other and that she had weak areas all over her body. On a subsequent occasion, Debra Weiss interpreted a laboratory report on some blood work performed on Ms. Paldino.

“12. During the February 8 appointment, Debra Weiss explained that the treatment of Ms. Paldino’s difficulties would include therapeutic massage of the chest and chiropractic adjustments in order to properly align the spine.

“13. At the time of the February 5 and 8, 1982, appointments, Debra Weiss was not licensed to practice chiropractic by the State of Connecticut. Such a license was issued to Debra Weiss on August 16,1982.

“14. An advertisement in the 1982 Hartford Telephone Directory Yellow Pages indicated that at the time of Ms. Paldino’s appointments at the Chiropractic Center, Debra Weiss held herself out as a doctor of chiropractic. Bills issued to Andrea Paldino by the Chiropractic Center also indicated that Debra Weiss held herself out as a doctor of chiropractic at the time of Ms. Paldino’s appointments.

“15. During the February 8,1982 appointment, Ms. Paldino was seen for the first time by Dr. David Levinson, who administered a chest massage for her. At this and subsequent appointments, Dr. Levinson performed certain chiropractic adjustments on Ms. Paldino’s back.

[514]*514“16. There is no indication that Debra Weiss or Dr. Levinson ever performed a pulmonary evaluation of Andrea Paldino.

“17. On or about March 28, 1982 Andrea Paldino stopped going to the Chiropractic Center for treatment. At that time her neck and back pain had improved, but her bronchitis and accompanying cough still continued.

“18. On July 25,1982 Andrea Paldino was admitted to New Britain General Hospital where she was found to have a malignant mass and operated on.”

With respect to Levinson, the board concluded in part:

“First Count

“21. [General Statutes] § 20-29 provides in pertinent part that: ‘The board of chiropractic examiners may take any of the actions set forth in [General Statutes] § 19a-17 for any of the following reasons: . . . illegal, incompetent or negligent conduct in the practice of chiropractic.’ (Emphasis added.)

“22. Dr. David Levinson’s failure to conduct a thorough examination of the pulmonary and respiratory systems of Ms. Paldino is significant.

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Bluebook (online)
560 A.2d 403, 211 Conn. 508, 1989 Conn. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levinson-v-connecticut-board-of-chiropractic-examiners-conn-1989.