A woman’s pursuit of justice against her chiropractor has hit a roadblock as the court sides with the defendant. Elvira Garcia Gamboa filed a complaint against Dr. Anupam Arman in the Third Appellate District Court of California on July 12, 2024, alleging professional negligence that resulted in severe injuries.
Gamboa's ordeal began on January 4, 2022, when she sought chiropractic treatment from Dr. Arman at The Joint Chiropractic. She had reported intermittent pain on the left side of her neck, back, and shoulder and signed an informed consent form acknowledging the risks associated with chiropractic treatments, including rib fractures and muscle strains. During the session, Gamboa claimed that a violent adjustment caused excruciating pain and what seemed like cracking sounds in her ribs. Despite these complaints, she paid for the session and left unassisted.
Medical examinations following the treatment revealed conflicting results. An x-ray taken a week later showed no fractures or significant abnormalities but did note decreased bone mineral density. Subsequent CT scans over the next few months indicated multiple healing bilateral rib fractures of unknown age along with other degenerative changes in her spine.
Representing herself, Gamboa filed a lawsuit against Dr. Arman in August 2022 for professional negligence, seeking $2 million in damages for broken ribs, anterolisthesis (spinal misalignment), pain and suffering, and long-term physical and emotional injuries. Dr. Arman moved for summary judgment supported by an expert witness declaration from Wayne Whalen, D.C., who asserted that Dr. Arman's treatment met all standard care protocols and did not cause Gamboa's injuries.
Dr. Whalen’s declaration emphasized that Gamboa had acknowledged the risks involved by signing the informed consent form and noted that no contraindications were present to preclude chiropractic treatment based on her medical history or initial examination findings. He further argued that such adjustments are standard practice for addressing back complaints and pain.
The trial court ruled in favor of Dr. Arman, stating that Gamboa failed to provide admissible evidence to counter Dr. Whalen’s expert opinions regarding standard care and causation of injuries. The court concluded that Gamboa could not establish either a breach of duty or causation necessary to support her claims.
On appeal, Gamboa challenged this decision but was unable to present sufficient evidence or expert testimony to create a triable issue of material fact regarding Dr. Arman's alleged negligence or its connection to her injuries.
The case was presided over by Judge Mauro with concurrence from Acting Presiding Judge Hull and Judge Wiseman (Retired Associate Justice). The case ID is C098708 under Sacramento Superior Court No. 34-2022-00324900-CU-MM-GDS.