Chiropractors play a vital role in treating musculoskeletal issues, helping patients manage pain, improve mobility, and recover from injuries. However, when chiropractic care is performed negligently or without proper expertise, it can result in serious injuries or long-term complications. If you or a loved one has suffered harm due to a chiropractor’s malpractice, you may be eligible to file a lawsuit to seek justice and compensation.
What Is Chiropractor Malpractice?
Chiropractor malpractice occurs when a chiropractor’s negligence or failure to adhere to the standard of care causes harm to a patient. Chiropractors are expected to follow established guidelines and provide treatments within their scope of practice. Malpractice typically involves negligence, such as failing to diagnose, treat, or refer a patient appropriately; improper techniques, such as using excessive force or incorrect manipulation techniques during adjustments; or failure to obtain informed consent by not adequately informing the patient of potential risks associated with a procedure.
Common Injuries Caused by Chiropractor Malpractice
Negligent chiropractic care can result in serious injuries, some of which may require extensive medical intervention. Common injuries linked to chiropractor malpractice include spinal cord injuries, such as damage to the spinal cord caused by improper adjustments that can lead to chronic pain, paralysis, or nerve damage; herniated discs caused by aggressive manipulations that may exacerbate existing conditions or create new ones; strokes that result from neck manipulations leading to vertebral artery dissection; nerve damage caused by compression or pinched nerves during adjustments; and fractures that result from excessive force during spinal adjustments, particularly in patients with osteoporosis.
How to Prove Chiropractor Malpractice
To successfully file a chiropractor malpractice lawsuit in California, you must establish the following elements: duty of care, which means the chiropractor owed you a duty to provide treatment that meets the standard of care expected from a reasonably competent chiropractor; breach of duty, in which the chiropractor failed to meet this standard by acting negligently, using improper techniques, or failing to diagnose a condition appropriately; causation, in which the chiropractor’s negligence directly caused your injury or worsened an existing condition; and damages, in which you suffered measurable damages, such as medical expenses, lost wages, pain and suffering, or reduced quality of life, as a result of the injury.
Steps to Take After Suspecting Chiropractor Malpractice
If you believe you’ve been harmed due to chiropractic negligence, follow these steps to protect your rights. Seek immediate medical attention to consult a medical professional to diagnose and treat any injuries caused by the malpractice. Document your injuries by keeping detailed records of your symptoms, treatments, and medical bills. Photographs, journal entries, and correspondence with the chiropractor can also serve as evidence. Request your medical records from the chiropractor to establish whether negligence occurred. Consult an experienced attorney to evaluate your case and determine the best course of action. File a lawsuit within the statute of limitations, which in California, requires medical malpractice claims, including those against chiropractors, to generally be filed within one year of discovering the injury or three years from the date of the incident, whichever comes first.
Compensation for Chiropractor Malpractice Victims
Victims of chiropractor malpractice may be entitled to compensation for medical expenses, including costs for surgeries, treatments, rehabilitation, and medications; lost wages, including income lost due to the inability to work during recovery or long-term disability; pain and suffering, including compensation for physical pain and emotional distress caused by the injury; and loss of enjoyment of life, including damages for the inability to participate in activities you once enjoyed.
Why Hire a California Chiropractor Malpractice Lawyer?
Chiropractor malpractice cases can be complex, requiring a thorough understanding of medical laws and standards. A skilled attorney can investigate your case by gathering evidence, consulting medical experts, and building a strong case to prove negligence. They can handle insurance companies by negotiating with insurers to secure a fair settlement that reflects the full extent of your damages. If a settlement cannot be reached, your attorney will represent you in court to advocate for justice and compensation.
Contact a California Chiropractor Malpractice Lawyer Today
If you or a loved one has suffered due to negligent chiropractic care, don’t wait to take action. The experienced attorneys at [Your Law Firm Name] are here to help. We understand the physical, emotional, and financial toll malpractice can take and are committed to helping you hold negligent practitioners accountable. Contact us today for a free consultation and learn how we can help you secure the compensation you deserve.
References
- American Chiropractic Association. (2024). Standards of care for chiropractic treatment. Retrieved from https://www.acatoday.org
- California Department of Consumer Affairs. (2024). Chiropractic licensing and malpractice regulations. Retrieved from https://www.dca.ca.gov
- National Institutes of Health. (2024). Vertebral artery dissection and chiropractic manipulation: A systematic review. Retrieved from https://www.nih.gov
- Mayo Clinic. (2024). Herniated disk: Causes and treatments. Retrieved from https://www.mayoclinic.org
- California Legislative Information. (2024). Statute of limitations for medical malpractice claims. Retrieved from https://leginfo.legislature.ca.gov