Kerkman v. Hintz

Dr. Max Hintz, D.C. appeals a judgment based on a jury verdict finding him liable for chiropractic malpractice. The principal issue on appeal concerns the appropriate standard of care by which to measure a chiropractor’s diagnosis, treatment or referral of a patient. Because we conclude that the trial court erroneously instructed the jury on a chiropractor’s standard of care, we reverse and remand for a new trial.

Dr. Hintz is a graduate of the Palmer College of Chiropractic in Davenport, Iowa. On September 13, 1982, Jerome Kerkman consulted Hintz with complaints of soreness in the upper…