Jessica Lancaster didn’t want to tell the panel of three strangers in front of her about the moment her chiropractor insisted she lift up her shirt.How Kelby Martin’s breathing became heavier as he groped her breasts, which had been healing from surgery; how after he touched her chest, he didn’t follow through with any type of chiropractic treatment; how she left his office in August 2021 in a haze.
But Lancaster wanted to sue Martin to hold him accountable, and before she could do that, Utah law required her to make her case to the panel.The panel concluded last August that Martin had departed from the normal standard of care, Lancaster’s lawyers later disclosed in a court filing. In response to a request for comment, Martin’s lawyer pointed to court papers in which the chiropractor denied Lancaster’s allegations against him. The case is pending; his license remains in good standing with the state.
There was a time when a majority of states had adopted malpractice screening panels in some form. A 1984 analysis by the American Medical Association found 30 states had implemented panels at some point. The goal was to cut down on frivolous lawsuits and encourage settlements of legitimate claims.