It was reported on Westlaw today that a jury refused to award any damages to a woman (in her 40's) who claimed that she had been sexually abused by a chiropractor in Corning, New York during the course of his treatment at one visit. What is remarkable is that the jury, last October, found that the chiropractor was guilty of battery and intentional infliction of emotional distress. The jury simply found that the plaintiff was not injured or damaged by the misconduct.
The patient alleged that the chiropractor was verbally inappropriate and "touched her digitally penetrating her vagina." The chiropractor denied having touched patient's private area but apologized for being verbally inappropriate with his patient.
There was a criminal prosecution of the chiropractor for third degree sexual abuse which was resolved with the chiropractor pleading guilty to disorderly conduct and a $220 penalty. This means the chiropractor's license to practice his profession remains intact.The plaintiff's attorney has filed a post-trial motion to set aside the jury verdict which remains pending. Doe v Wright, Steuben County, N.Y.,1000 WL 286650