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Backache.


A Little Rock physical therapist who was fined $10,000 in 2002 for practicing chiropractic chiropractic (kīrəprăk`tĭk) [Gr.,=doing by hand], medical practice based on the theory that all disease results from a disruption of the functions of the nerves.  procedures without a license is now turning his focus to the attorney who handled his case.

Michael Teston tes·ton   also tes·toon
n.
1. A 16th-century French silver coin.

2. An English coin stamped with the image of Henry VIII's head. In this sense, also called tester3.
 has sued his attorney at the time, Mark "Wade" Hodge, and his Conway law firm, saying Hodge didn't raise constitutional issues and didn't preserve the issues for a later appeal at a hearing by the Arkansas Arkansas, river, United States
Arkansas (ärkăn`zəs, är`kənsô'), river, c.1,450 mi (2,330 km) long, rising in the Rocky Mts., central Colo.
 State Board of Chiropractic Examiners.

As a result, the board fined Teston $10,000 even though the Arkansas State Board of Physical Therapy had cleared Teston of the same allegations.

Teston also accused Hodge of being negligent negligent adj., adv. careless in not fulfilling responsibility. (See: negligence)  in the presentation of his defense.

The $10,000 fine was later upheld at the circuit court level and by the state Supreme Court, which refused to consider the constitutional issues because Hodge didn't preserve them at the administrative hearing administrative hearing n. a hearing before any governmental agency or before an administrative law judge. Such hearings can range from simple arguments to what amounts to a trial. There is no jury, but the agency or the administrative law judge will make a ruling. , Teston said.

Teston said as a result of Hodge's actions, he spent more than $50,000 in attorney fees and lost more than $45,000 worth of business. Teston is seeking $250,000 in damages from both Hodge and his firm. Hodge couldn't be reached for comment.
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Title Annotation:Whispers
Publication:Arkansas Business
Date:Feb 13, 2006
Words:193
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