How can I sue a chiropractor?

Chiropractors are held to a certain standard of due care when practicing their profession. If a chiropractor falls below this standard and a patient is injured as a result, the chiropractor must pay damages for professional negligence.

Types of Chiropractic Injuries

Neck or Neurological Injury. The most severe chiropractic injury is a stroke. Improper neck adjustments may result in a rupture of an artery leading to the brain. Alternatively, an artery may become clogged by a clot due to the forceful rotation of the cervical spine. In these instances, strokes may occur leading to temporary or permanent paralysis and even death.

Less serious injuries that may result from improper neck adjustments include pinched arteries, skull fractures, spinal stenosis, frequent headaches, numbness/tingling of limbs, vertigo and facial paralysis.

Lower and Mid Back Injury. Spinal manipulation of the mid and lower back may cause severe injuries such as bone-weakening disease, disc herniation, muscle weakness and bladder and bowel paralysis.

Liability of Chiropractors

To pursue a legal case against a negligent chiropractor, the injured patient must show that the chiropractor owed him or her a duty of care. The patient must also prove that an action or failure to act on the part of the chiropractor breached this professional standard of care. Next the patient must be shown that the breach of duty was the proximate cause of the patient’s injury and damages arising from the injury.

Filing a Lawsuit

Chiropractors are generally found liable under the theory of professional negligence.  Chiropractors owe their clients a standard of care per the chiropractor-patient relationship, and a failure to maintain this standard of care is the basis for liability. Other causes of action that may be filed are claims for battery, breach of contract, fraud and misrepresentation of skill and ability, as well as willful or wanton conduct. The following types of damages can be awarded and must be proven in court:

• Physical pain and suffering
• Mental suffering and emotional distress
• Loss of time/earnings and impairment of earning capacity
• Medical expenses
• Loss of enjoyment of life
• Injury related expenses
• Loss of consortium

Talk with an experienced attorney to further discuss how to sue a chiropractor.