Chiropractor Malpractice Injuries and Lawyer Help

Chiropractic medicine can be very beneficial.  However, there are times when things go wrong and injuries as a result of a chiropractor’s manipulation of your spine can occur. Recently there has been a push to ensure that this field is more regulated due to the severity of injury that can occur in the wake of chiropractic negligence. 

Chiropractic Treatments Susceptible to Injuries

Neck or Neurological Injury

The main and most severe injury that can be sustained by patients as a result of chiropractic manipulation is a stroke.  Neck adjustments by a chiropractor can sometimes result in an artery that leads to the brain rupturing or becoming clogged by a clot due to the forceful rotation of the cervical spine, which can lead to strokes. In some instances, these strokes have led to temporary or permanent paralysis, and even death.

Although less serious than a stroke, other potential injuries resulting from 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 can also cause severe injuries such as bone-weakening disease, disc herniation, muscle weakness and bladder and bowel paralysis.

Law and Liability of Chiropractors

In taking legal action against a chiropractor for professional negligence, the patient must prove that the chiropractor owed them a duty and a professional standard of care due to the patient-doctor relationship.  Then, the patient must demonstrate that an act, or a failure to act on the part of the chiropractor regarding the patient, didn’t reach that professional standard of care, which resulted in a breach of duty.  Next it must be shown that the breach of duty was what caused or was the proximate cause of the patient’s injury and damages resulted from the injury.

Filing a Lawsuit

Chiropractors are usually found liable under the theory of professional negligence.  Chiropractors owe their clients a standard of care via the chiropractor-patient relationship, and failure to maintain that standard of care is most certainly the basis for liability.  Other causes of action that can be filed are claims for battery, breach of contract, fraud and misrepresentation of skill and ability, as well as willful or wanton conduct.    It is important to note that professional negligence is different that general negligence and is more applicable to this type of lawsuit.   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

How a Lawyer can Help

Injuries sustained by chiropractic manipulation can be devastating to your health, finances and lives of your loved ones.  Chiropractic negligence falls under the umbrella of medical malpractice.  The complexity of filing a lawsuit and handling the lengthy litigation process associated with these cases is why hiring an attorney is so important.  Make sure you seek counsel that is licensed in your area and that has experience with litigating medical malpractice cases.