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California Court Finds Chiropractic Extended Treatment Contracts Unlawful And Unconscionable

A California court has severely criticized the use of chiropractic contracts in which patients pay in advance or agree to pay for many visits at a "discount" price, and held that two women were entitled to refunds from their chiropractor because their chiropractic extended treatment contracts were unconscionable. Chiropractors who offer these type of contracts typically tell their patients that long-term care is needed to prevent what they call "subluxation degeneration" (a mythical condition). Even if some treatment might be helpful, it is not possible to know in advance that a large specified number of visits will be needed.  In addition to excessive visits, these contracts often contain provisions intended to discourage quitting. Many of the contracts state that if treatment is stopped before all of the visits are used, any discount will be cancelled and visits used will be billed at their "full" price, and/or an "administrative fee" will be charged for early cancellation.

Moreover, in April 2008, the Maryland Board of Chiropractic and Massage Therapy Examiners advised chiropractors not to use extended treatment contracts. In February, 2009, the Kansas State Board of Healing Arts settled charges against a chiropractor through a consent order under which he must pay investigative costs plus a $5,000 fine; serve probation for two years; and provide full refunds to several patients who did not receive all of the treatments for which they contracted.

 

If you entered into an extended treatment contract with your chiropractor, please contact us to discuss your legal options.