Marsh v Naim (NSWDC, unreported 2019/85651 per Gibb DCJ) saw the plaintiff claim for neck, shoulder and arm pain following from a neck or upper spine manipulation performed by a general practitioner.
The defendant GP had no recollection of the consultation and relied on his usual practice and clinical notes.
There was some conflict between the plaintiff’s evidence and the doctor’s usual practice evidence. The court (page 20) accepted that the doctor followed his usual practice. It was common ground that there was no negligence if pressure was applied at the T6 level (page 33). Also with reference to usual practice the Court accepted that the doctor obtained the patient’s consent (page 44)
The plaintiff also failed to prove that the manipulation caused her later pain (page 56).