Denise, a 58-year-old woman, was visiting her ill mother at St Mary in Apple Valley.

While walking down a hallway, she slipped on some liquid. She was helped by hospital personal and was sent to the ER. One of the hip x-rays showed a suspected fracture. However, Denise was never informed. Instead, the hospital discharged her with instructions to go home and rest.

After months of physical therapy with no progress, Denise finally saw an orthopedist who ordered another x-ray and confirmed the fracture. Denise was shocked by the finding. Unfortunately, surveillance footage of the incident had been “lost.”

St. Mary argued there was not enough liquid on the floor to cause a fall. Instead, they theorized Denise either lost consciousness or that her knee gave out, leading to the fall.

Denise’s injuries were significant: a femoral hip fracture that was severely aggravated by walking on it for almost a year. She ultimately underwent two hip replacement surgeries and will continue to suffer from chronic pain for the rest of her life.

Denise's 1st Demand = $1,999,000 on 2/21/2021

Denise's 2nd Demand = $8,000,000 on 7/3/2025

St. Mary Offered = $300,000 on 7/21/2024

The jury awarded $3,965,000, less 15% for Denise's comparative negligence.

Total Net Verdict = $3,370,250

Denise v. St. Mary Hospital

San Bernardino Superior Court | February 18, 2024 | Judge Carlos Cabrera

Don Petersen, publisher of Dynamic Chiropractic, recently penned a revealing update on the direction the chiropractic profession is heading.

Using data from the National Board of Chiropractic Examiners (NBCE), here are some provocative findings:

• Over the last five years (since 2020), the number of doctors practicing as sole proprietors has dropped from 64% to 55%.

• Two-thirds of DCs earn more than $100,000 per year, with 30% earning over $250,000.

• Nearly three-quarters (71%) of DCs see at least 50 patients per week.

• Only 7% of DCs perform manual adjustments exclusively—87% use instrument-assisted techniques.

• Gender shift: In 1991, the field was 87% male; today, it’s 61% male. Among doctors under 30, the split is now 50/50.

For more revealing facts, contact John Tawlian and get your free copy.

Surveillance Footage and Medical Records: Two Sides of the Same Coin

In Denise’s slip-and-fall case, the “lost” video footage and delayed fracture diagnosis nearly let the hospital off the hook. Chiropractors should take note: in PI cases, documentation is everything—especially when other forms of evidence mysteriously disappear. If your patient is dealing with a fall, joint injury, or persistent pain, don’t assume the ER got it right. Trust your instincts. If something doesn’t add up, say so in your notes and recommend follow-up imaging or second opinions. Your records might be the only thing standing between your patient and a defense theory built on denial and missing tapes.