Dr. Kit Lambey was facing a very defensible malpractice case — until it all unraveled when questions about documentation, deleted records and credibility took center stage.
Posted in Case Studies on Tuesday, June 16, 2026
When former employee and patient Sally Kent filed a malpractice lawsuit against chiropractor Dr. Kit Lambey, the clinical allegations initially appeared manageable. Defense experts agreed Sally’s spinal condition predated her treatment, and there was little evidence that chiropractic care caused the injury requiring surgery.
But as the case progressed, the focus shifted away from the care itself and onto something far more damaging: documentation practices, electronic records and the doctor's credibility.
Patient History
Sally Kent worked as a chiropractic assistant for Dr. Lambey from 2009 to 2010 and took advantage of the free chiropractic care Dr. Lambey offered to his employees. Additionally, Sally and her husband were friends and neighbors with Dr. Lambey and his wife. During Sally's employment, she made inappropriate personal advances toward him, creating tension within the office and ultimately leading to her termination.
Ten years later, Sally returned seeking treatment for chronic back pain. Despite reservations, Dr. Lambey agreed to provide care and treated her nine times between April and August 2019.
At her final visit, Sally reported severe pain following treatment, including excruciating pain into her right leg. Dr. Lambey offered electronic muscle stimulation and ice, but Sally declined, stating her pain was too great for additional treatment.
She sought care in a local emergency department later that day. The hospital attributed Sally's pain to a misstep taken when jogging two days earlier, and although they mentioned that she had a chiropractic visit, they did not say chiropractic was the inciting event. Subsequent evaluations revealed an L5-S1 disc extrusion requiring surgery. After two surgical procedures failed to fully resolve her symptoms, Sally filed a malpractice lawsuit against Dr. Lambey and his clinic.
The Defense Looked Strong
NCMIC retained clinical experts and consultants to review the records and imaging studies.
Their conclusions were favorable:
- Sally had significant preexisting degenerative disc disease.
- Her condition likely existed before the August 2010 treatment.
- There was no evidence chiropractic care caused the disc injury requiring surgery.
- Sally's accounts of events changed repeatedly.
- She posted photos on social media that showed her doing activities she claimed she was unable to physically tolerate due to her pain.
Defense counsel estimated Dr. Lambey had approximately a 70% chance of successfully defending the claim.
Documentation Raises New Questions
During Dr. Lambey's deposition, plaintiff's counsel focused heavily on his documentation practices.
The attorney questioned:
- Typewritten "confidential patient notes" stored separately from patient records
- The timing and creation of those notes
- Recent implementation of an electronic health record (EHR) system
- Office recordkeeping procedures
Dr. Lambey testified that he created the confidential notes on his personal computer and that staff members did not have access to them.
Those answers immediately raised concerns.
Within weeks, the plaintiff amended the lawsuit, alleging Dr. Lambey had altered, fabricated or destroyed records after litigation became likely and sought punitive damages based on spoliation of evidence.
A Forensic Investigation Begins
To defend against the new allegations, the defense team retained a computer forensic expert.
The review revealed several troubling findings:
- The external hard drive appeared to have been used later than Dr. Lambey claimed.
- Deleted data existed on the drive.
- Patient notes showed multiple revisions over time.
- The notes were actively edited the evening before they were produced to the patient.
- Personal photographs of Sally were found on the drive.
- Records from the original laptop could not be fully recovered.
While none of these findings conclusively proved wrongdoing, they created significant credibility concerns and complicated an otherwise defensible case.
The Bombshell Discovery
Just days before trial, Dr. Lambey informed defense counsel that he had located the laptop he previously believed he had destroyed after receiving notice of the potential lawsuit.
The discovery created a serious problem.
For months, the defense had argued that any missing information resulted from an innocent disposal of outdated equipment. The newly discovered laptop directly contradicted that testimony and threatened the credibility of both the doctor and the defense team.
The possibility of punitive damages — which were not covered by his malpractice policy — became a significant concern.
Case Resolution
Faced with mounting credibility issues and the risk of punitive exposure, the parties entered settlement discussions.
The claim ultimately settled for approximately half of the plaintiff's original demand.
Defense costs: $102,270
Notably, the settlement was driven less by the clinical care itself and more by concerns surrounding documentation, record preservation and credibility.
What Can We Learn?
Honesty Matters More Than Damage Control
Incomplete or inaccurate disclosures can be more harmful than the underlying facts. Attorneys can address difficult facts; they cannot effectively defend surprises that emerge late in litigation.
Altered Records Are Difficult to Defend
Courts take allegations of record alteration and evidence destruction seriously. In many jurisdictions, spoliation of evidence can result in severe sanctions and, in some cases, criminal penalties.
Documentation Is Part of the Standard of Care
This case became less about chiropractic treatment and more about documentation practices. Separate records, inconsistent recordkeeping and unusual documentation processes raised questions that ultimately overshadowed the clinical issues.
Technology Leaves a Trail
Deleted files, document revisions and metadata can often be recovered by forensic experts. Electronic records frequently tell a story beyond what appears on the screen.
Prior Problems Often Resurface
Dr. Lambey chose to treat a former employee whose previous conduct had led to termination. While providers should not avoid difficult patients, prior conflicts should be carefully considered before reestablishing a professional relationship.
Credibility Can Decide a Case
The strongest clinical defense can be undermined when a provider's credibility comes into question. Juries tend to focus heavily on trustworthiness, and credibility issues can transform a defensible claim into a costly settlement.
Key Takeaway
The malpractice allegations may have been defensible, but the documentation issues were not. When records, testimony and electronic evidence don't align, credibility becomes the real liability.
This case serves as a reminder that accurate documentation, proper record retention and complete honesty with defense counsel are often just as important as the clinical care itself.
Although this case study is based on a real case, names, dates and details have been changed to protect patient and doctor privacy.