WI · jury_instructions
Wis JI-Civil 1023.9
Professional Negligence: Chiropractor-Determining Treatability by Chiropractic Means
A chiropractor is required to use the degree of care, skill, and judgment which is
exercised by a reasonable chiropractor under like or similar circumstances. A chiropractor
who fails to conform to this standard is negligent. The burden is on the (plaintiff) to prove
that (chiropractor) was negligent.
A chiropractor may only treat a patient within the scope of chiropractic knowledge
and training. If the patient has a problem which is treatable through chiropractic means, the
chiropractor may provide chiropractic treatment to the patient. However, the chiropractor
may not provide chiropractic treatment when a reasonable chiropractor would be aware that
the patient's condition will not be responsive to chiropractic treatment. A chiropractor's
decision to treat or to stop treatment must be tested according to chiropractic standards.
(Give the following if the claim relates to the duty to inform or refer: If the
patient's condition is outside the scope of chiropractic treatment, a chiropractor must inform
the patient that the condition presented is not treatable through chiropractic means. The
chiropractor does not have the duty to refer the patient to a medical doctor.)
Expert witnesses have testified concerning the standard of care applicable to
chiropractors. The reason for this is because the degree of care, skill, and judgment which a
reasonable chiropractor would exercise is not a matter within the common knowledge of
laypersons. This standard is within the special knowledge of experts and can only be
established by testimony of experts. Therefore, you may not speculate or guess what the
standard of care, skill, and judgment is in deciding this case but rather must attempt to
determine it from the expert testimony that you heard during this trial.
History
Wis JI-Civil 1023.9 (1999). ©1999, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
7c6053c4d98d1573c632edcf7ab9f1656f162be8008c697f0e479709f9a14c5d
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