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The Haarlem chiropractor whose patient became unwell during treatment in 2016 and was taken to hospital with a ruptured artery, was acquitted on Monday of causing serious physical injury. The ruptured artery caused a stroke in the patient and led to paralysis. The court finds not proven that this injury is the result of the treatment that the chiropractor has performed on the patient. The patient became unwell and had to be resuscitated while being treated by the chiropractor for a persistent headache.
The prosecution argues that the chiropractor did not inform the patient about the possible risks at the time. During the first treatment a questionnaire was administered, but during the second treatment, when the tear in the artery occurred, the chiropractor would have paid insufficient or no attention to the patient’s changed symptoms. In addition to neck complaints, he also had a lump in the neck, which according to the patient’s lawyer could be an early complaint of a ruptured artery, also known as ‘cervical arterial dissection’. The practitioner is accused of failing to conduct further investigations.
For the case, several experts investigated whether the injury was caused by the chiropractor’s treatment. The experts note that there is no evidence of a causal relationship between the dissection, which caused a stroke and left the patient incapacitated, and manipulation (cracking) of the neck. Earlier this month, the Public Prosecution Service also came to this conclusion, which had requested the acquittal of the chiropractor, ANP news agency reported.
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Also read this in-depth article about the case: Cerebral infarction after cracking neck: ‘I am still angry every day’
‘Sufficient research into contraindications’
A neurologist, who prepared a report at the request of the prosecutor, ruled that the dissection was caused by the cracking of the neck, but the court did not agree. According to the court, the chiropractor has done sufficient research into possible contraindications before treatment. There were none and so there was no reason for the chiropractor to forgo the treatment.
Neck manipulation is a controversial treatment because of the rare but very serious risk of dissection. According to experts consulted by the court, it cannot be determined that carotid artery dissection is a possible risk of neck manipulation and if it does, the risk is very rare. According to the court, the practitioner has therefore not violated the obligation to provide information.
The patient was referred to the chiropractor after referral from the general practitioner, because there was no room with the physiotherapist. Earlier this month he said to NRC still angry every day, but tries to “make the best of it.” He is in a wheelchair, has less than 20 percent lung function and cannot lift his arms. He has also been declared 100 percent incapacitated for work and his eyesight is very poor. Although his physical abilities have improved slightly, there is no prospect of an improvement in the current situation.
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