Disciplinary Action against Gerald V. Long, D.C.
Stephen Barrett, M.D.
In 1997, Gerald V. Long, D.C., signed a consent order under which he agreed:
- He had performed a neck manipulation on a patient without being "fully aware" that she was having neurologic symptoms indicating that the manipulation should not have been done.
- When an emergency developed, he had failed to seek proper emergency assistance.
- He would pay a $1,000 fine and take 12 approved hours of continuing education courses in the areas of neurological disorders and emergency response.
The board's action was triggered by the death of Kristi Bedenbaugh, an event that attracted considerable publicity. Documents that I collected and conversations with her mother indicate that in 1993, Kristi consulted Long with the hope of getting relief from the pain of sinus headaches. During her second visit, she suffered a stroke immediately after Long manipulated her neck. She died three days later, one day before her 25th birthday. The autopsy revealed that the manipulation had split the inside walls of both of her vertebral arteries, causing the walls to balloon and block the blood supply to the lower part of her brain. Additional studies concluded that blood clots had formed on the days the manipulation took place. Kristy's mother filed a lawsuit that was settled with payment of an undisclosed sum.
BEFORE THE STATE BOARD OF CHIROPRACTIC EXAMINERS
OF SOUTH CAROLINA
In the Matter of
GERALD V. LONG, D.C.,
By agreement of the State Board of Chiropractic Examiners of South Carolina (the Board) and the above-named Respondent, the following disposition of this matter is entered pursuant to the provisions of S.C. Code Ann. §1-23-320(f) (Supp. 1996) of the South Carolina Administrative Procedures Act:
FINDINGS OF FACT
1. Respondent admits that he is licensed to practice chiropractic in the State of South Carolina and was so licensed at all times relevant to the matters asserted in this case.
2. Respondent admits that, on or about June 11, 1993, Kristi Bedenbaugh (patient) presented at Respondent's office for chiropractic treatment. It is further admitted that Respondent performed a cervical adjustment upon this patient when he was not fully aware that symptoms indicating severe neurological deterioration may have contraindicated the performance of said adjustment. These symptoms included, but were not limited to, exhibiting slow speech and a pale appearance, nausea,
3. Respondent admits that on or about June 11, 1993, he was faced with an emergency situation. The Board contends that Respondent failed to seek proper emergency assistance and Respondent specifically denies same or any other misconduct.
4. Respondent agrees that the conduct set forth above, if proven, would constitute a violation of S.C. Code Ann. §40-9-90(6)(11) (1986) and Regulations No. 25-5 (4) and 25-6 (C) (Supp. 1996), as alleged.
5. Respondent and Board continue to maintain their respective differences and agree to resolve this matter by entering into this Consent Order.
6. Respondent waives any further findings of fact with respect to this matter.
CONCLUSIONS OF LAW
1. Respondent consents to the imposition of disciplinary or corrective action under §40-9-90, supra. Respondent hereby waives any further conclusions of law with respect to this matter.
2. Respondent has full knowledge that he has the right to a hearing and to be represented by counsel in this matter, and freely, knowingly, and voluntarily waives such rights by entering into this Consent Order. Respondent understands and agrees that by entering into this Consent Order he voluntarily relinquishes any right to judicial review of Board action(s) which may be taken concerning any related matters. Respondent understands and agrees that this Consent Order will not become effective unless and until approved by the Board. Respondent understands and agrees that a representative of the General Counsel's Office and Respondent may be present during presentation of this Consent Order to the Board. Respondent understands and agrees that this Consent Order, if approved, will be disseminated as a public action of the Board in the manner provided by law. Respondent understands and agrees that if this Consent Order is not approved, it shall not constitute an admission against interest in this proceeding or prejudice the right of the Board to adjudicate this matter.
THEREFORE, IT IS ORDERED WITH RESPONDENT'S CONSENT THAT:
1. Respondent's license to practice chiropractic shall be immediately placed in a probationary status upon the following terms and conditions of probation, which shall remain in effect for one (1) year from the date of this Consent Order or until further Order of the Board:
(a) Respondent shall pay a fine of One Thousand and No/100 ($1,000.00) Dollars within thirty (30) days from the date this Order becomes final. Said fine shall not be deemed paid until received by the Board. Failure to pay within the prescribed thirty (30) day period shall result in the immediate temporary suspension of Respondent's license to practice chiropractic in this State until such time as full payment has been made by Respondent.
(b) Respondent shall, within one (1) year from the date this Order becomes final, acquire and document twelve (12) hours of continuing education credits in the areas of neurological disorders and emergency response. All courses taken shall be preapproved by the Board. This requirement shall be in addition to the twelve (12) hours mandated by Board Regulation No. 25-4 (D) of the Rules and Regulations of the Board. Respondent shall file written proof of compliance with the Board within one (1) year from the date this Order becomes final .. Failure to acquire the required hours of continuing education credits within the one (1) year period shall result in the immediate temporary suspension of Respondent's license to practice chiropractic in this State until such time as full compliance has been made by Respondent.
(c) Respondent shall appear and report to the Board as requested by the Board.
(d) Respondent shall promptly advise this Board in writing of any changes in address, practice, professional status, or compliance with this Consent Order. Correspondence and copies of reports and notices mentioned herein shall be directed to:
LLR-Board of Chiropractic Examiners
P.O. Box 11329
Columbia SC 29211-1329
2. Failure of Respondent to comply with any of the provisions of this Consent Order may result in the immediate temporary suspension of Respondent's license to practice chiropractic, pending hearing and until further Order of the Board.
3. Pursuant to the South Carolina Freedom of Information Act, this Consent Order, with attachments, is a public document.
4. Respondent shall cooperate with the Board, its attorneys, investigators, and other representatives in the investigation of Respondent's practice and compliance with the provisions of this Consent Order. Respondent may be required to furnish the Board with additional information as may be deemed necessary by the Board or its representatives. In addition to such requests, the Board in its discretion may require Respondent to submit further documentation regarding Respondent's practice, and it is Respondent's responsibility to fully comply with all reasonable requests in a timely fashion. Failure to reasonably comply with such requests will be deemed a violation of this Consent Order.
5. This Consent Order shall take effect immediately upon receipt by Respondent or his counsel.
AND IT IS SO ORDERED.
STATE BOARD OF CHIROPRACTIC EXAMINERS
|May 8, 1997
||May 8, 1997|
Richard W. Simmons, II, Esquire
STAFF ATTORNEY for the South Carolina
Department of Labor, Licensing & Regulation
|May 17, 1997|
This page was posted on December 28, 2010.