The State of Michigan Court of Appeals stated in its January 30, 2025 published opinion: “Under the Public Health Code, our Legislature has authorized licensed chiropractors to make certain diagnoses. Specifically, a chiropractor can evaluate a patient and make a diagnosis of a condition or disorder “of the human musculoskeletal and nervous systems as they relate to subluxations, misalignments, and joint dysfunctions.” MCL 333.16401(1)(e)(i). Within this authorization to evaluate and diagnose a patient for certain physical maladies, a chiropractor can develop an opinion of the underlying cause of the problem. So long as a proper foundation is laid, and the testimony is limited in scope as required under the Public Health Code, there is no absolute legal bar to a chiropractor providing expert testimony on causation for purposes of a motor-vehicle collision. Because the trial court erred in prohibiting such testimony, we vacate the trial court’s grant of summary disposition to defendant and remand for further proceedings.”
The Michigan appellate court explained: “A chiropractor is generally qualified to testify about matters within the scope of his profession and practice … The scope of chiropractic practice is governed by the Public Health Code, MCL 333.1101 et seq. Under MCL 333.16401(1)(e)(i), the practice of chiropractic includes: “The diagnosis of human conditions and disorders of the human musculoskeletal and nervous systems as they relate to subluxations, misalignments, and joint dysfunctions. These diagnoses shall be for the purpose of detecting and correcting those conditions and disorders or offering advice to seek treatment from other health professionals in order to restore and maintain health.””
“MRE 702 does not limit medical expertise strictly to medical doctors and, under the Public Health Code, the making of a limited diagnosis is within a chiropractor’s scope of practice. See MCL 333.16401(1)(e). Further, a chiropractor’s diagnosis can be used to detect and correct the listed conditions and recommend patients seek treatment from other health professionals.”
“The trial court properly determined that Khaled could not offer expert opinion about a diagnosis made by a physician, but it is proper for a chiropractor, with the proper foundation, to testify about a diagnosis within his or her practice as set forth in MCL 333.16401(1)(e)(i). Similarly, a chiropractor, with the proper evaluation of a patient, may testify about the cause of that condition or disorder to the extent that such cause can be reliably linked to a condition or disorder within the scope of MCL 333.16401(1)(e)(i).”
Can a physical therapist testify with regard to causation?
The Michigan appellate court stated: “In contrast, the trial court did not err by prohibiting Ahmed from offering expert testimony on causation. The Public Health Code’s provision of practice for a physical therapist specifies that the “[p]ractice of physical therapy does not include the identification of underlying medical problems or etiologies, establishment of medical diagnoses, or the prescribing of treatment.” MCL 333.17801(1)(d) (emphasis added). Accordingly, although plaintiff also argues that the trial court erred by limiting Ahmed’s testimony, the trial court properly limited his testimony to the services he provided and the reasons why he provided the treatment.”
Source Infinity Physical Therapy, LLC v. Meemic Insurance Company, COA 365767.
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