Background
After a November 2021 automobile accident, Christine Fox received chiropractic care from O’Neal Chiropractic Health Center, L.L.C. during four visits in February 2022. OCHC billed her $1,075, but she did not pay. OCHC sent a statutory demand letter in December 2024 and filed an open-account action in January 2025.
Fox disputed the authenticity of documents bearing her signatures, denied agreeing to pay OCHC, challenged whether all billed services were performed, and argued that unlicensed employees had unlawfully provided chiropractic treatment. Following a bench trial, the Bossier City Court awarded OCHC $1,075 on the account and $6,160 in attorney fees, plus interest. Fox appealed, and OCHC sought additional attorney fees for defending the judgment.
The Court’s Holding
The Second Circuit affirmed the rejection of Fox’s prescription defense. Louisiana Civil Code article 3494(4) provides a three-year prescriptive period for open-account claims, and OCHC sued less than three years after the earliest treatment at issue.
The court also upheld the finding that OCHC proved its open-account claim through its account statement, supporting testimony, signed documents, and correspondence. Deferring to the trial court’s credibility determinations, the court found no manifest error in its rejection of Fox’s testimony.
The court further held that OCHC’s employees did not engage in the unlawful practice of chiropractic by positioning Fox on treatment equipment, applying heating packs, and attaching electrostimulation pads under Dr. Edmund O’Neal’s training, supervision, and monitoring. Because OCHC successfully defended its judgment, the court amended the judgment to increase attorney fees from $6,160 to $8,560.
Key Takeaways
- Louisiana open-account claims, including claims for medical professional services, are subject to a three-year prescriptive period.
- The Chiropractic Act does not prohibit trained employees from administering the ancillary treatments at issue under a licensed chiropractor’s supervision and monitoring.
- A creditor that successfully defends an open-account judgment on appeal may recover additional reasonable attorney fees for the appellate work.
Why It Matters
The decision confirms that Louisiana’s open-account statute applies to unpaid chiropractic services and illustrates the evidence that can establish such a claim, including billing records, testimony, signed payment documents, and related correspondence.
It also distinguishes ancillary tasks that may be delegated under a chiropractor’s supervision from activities for which the Chiropractic Act expressly requires certification, while reinforcing that statutory attorney-fee awards may grow when a debtor unsuccessfully appeals.