Criminal Defense for Chiropractors Accused of Crimes in California

Chiropractic care is a vital part of healthcare, offering relief and solutions for patients dealing with pain and mobility issues. However, like other licensed professionals, chiropractors are held to exacting standards under California law. In some cases, violations of these standards can result in more than just disciplinary actions from the Board of Chiropractic Examiners; they may also trigger criminal charges that jeopardize a chiropractor’s career, reputation, and freedom. If you’re a chiropractor practicing in California, let’s look at some common criminal statutes you need to be aware of.

 

Insurance Fraud (Penal Code §§ 550, 487, 484) 

Insurance fraud is one of the most common accusations that chiropractors face. This can include billing insurance companies for treatments that were never provided, inflating the severity of injuries or diagnoses to justify costlier treatments (known as “upcoding”), or even participating in staged accident schemes to generate fraudulent injury claims. Insurance fraud is often charged as a felony. 

 

Sexual Misconduct or Improper Conduct (Penal Code §§ 243.4, 647.6) 

Chiropractors work in close physical proximity to their patients, sometimes requiring hands-on adjustments. Unfortunately, this makes practitioners vulnerable to allegations of inappropriate conduct. Claims may allege improper touching, sexual battery, or harassment, especially if the patient feels the treatment crosses physical or emotional boundaries. Charges can range from misdemeanors (e.g., basic sexual battery) to felonies (e.g., rape), with consequences including jail time and possible mandatory registration as a sex offender. 

 

Practicing Without a License (Penal Code § 2052) 

Practicing any mode of medicine (including chiropractic) without a valid license–or operating while your license is suspended–is a serious crime in California. Furthermore, aiding or employing unlicensed individuals in your practice can incur additional charges. Violations of this nature may be charged as felonies, carrying up to three years in prison, hefty fines, and administrative consequences, including permanent revocation of your chiropractic license. 

Often, these cases arise from administrative or clerical errors. For example, you may not have realized your license expired or that your renewals were incomplete. 

 

Assault or Battery (Penal Code §§ 242, 243(d)) 

Chiropractic involves physical contact with the patient by design. If a patient accuses you of using excessive force or causing injury during care, you could face assault or battery charges. This might include claims of aggressive adjustments or actions that got out of hand during treatment. Depending on the severity of the reported injury, you could face misdemeanor or felony charges. Felony convictions often lead to substantial fines and prison time. Common methods of defending against these charges may include demonstrating that your methods were appropriate and within accepted chiropractic standards, backed by expert testimony if needed. You can also submit proof of informed consent signed by the patient demonstrating that they understood the potential risks associated with treatment. 

 

5. False Advertising or Misrepresentation (Business & Professions Code § 17500) 

Accusations of false advertising occur when chiropractors make misleading claims about their qualifications or the effectiveness of their treatments. For instance, promising guaranteed relief or claiming to cure conditions like cancer falls under this category. If convicted, you may face misdemeanor charges, fines, and disciplinary actions from the Board.

 

Mandated Reporter Failures (Penal Code § 11166) 

Chiropractors are mandated reporters under California law. That means you’re legally obligated to report suspected cases of child abuse, elder abuse, or dependent adult abuse if you observe indicators in a patient you’re treating. Failing to fulfill this duty could lead to misdemeanor charges with penalties, including fines and up to 6 months in county jail. The best way to defend against these charges is to present evidence that you genuinely did not suspect abuse or that your omission was unintentional.

 

8. Elder or Dependent Adult Abuse (Penal Code § 368) 

Working with elderly or dependent patients requires additional diligence. Chiropractors may face criminal charges if they’re accused of financial exploitation, neglect, or physical mistreatment of vulnerable individuals under their care. Depending on the severity of the allegations, elder abuse may result in misdemeanor or felony charges. Defending such accusations involves providing clear documentation, such as treatment records, to show that care was administered appropriately and ethically. Testimonies from other staff members or patients may also help to dispute unfounded claims. 

 

Defending Chiropractors Against Criminal Charges

When chiropractors face criminal allegations, a strategic defense is essential to protect their rights and careers. General defense strategies that apply to many cases include:

• Challenging evidence: Identifying errors or inconsistencies in the prosecution’s case, such as documentation mistakes or unreliable witness accounts.
• Establishing intent: Demonstrating that any alleged misconduct, such as inadvertent billing errors or administrative oversights, was unintentional.

• Using expert testimony: Leveraging medical or chiropractic experts to validate proper procedures and practices.

• Highlighting compliance: Showcasing adherence to professional rules, protocols, and ethical standards within your practice.

• Securing mitigating evidence: Presenting documentation or character references that cast doubt on the accusations.

 

Allegations of criminal conduct are serious, and chiropractors accused of wrongdoing in California should seek immediate legal counsel. These charges can threaten more than just your freedom; they can also destroy your reputation and your livelihood. With the proper legal defense, many cases can result in reduced charges, alternative sentencing, or dismissals altogether. 

If you’re a chiropractor in Los Angeles or surrounding areas and are facing criminal charges, contact our office today to schedule a consultation. We will guide you through the legal process and help you protect your career.