Chiropractic care can provide relief for musculoskeletal issues, including back pain, neck pain, and headaches. However, like any medical treatment, chiropractic care carries risks. When a chiropractor’s negligence causes harm, the patient may have grounds to file a malpractice lawsuit. This article explores whether you can sue a chiropractor in California for malpractice, the legal requirements, and what you can expect during the process.
Understanding Chiropractor Malpractice
Chiropractic malpractice occurs when a chiropractor’s care falls below the accepted standard and directly causes injury to the patient. Chiropractors, like other healthcare professionals, are held to a specific standard of care. This means they must provide treatments that meet the expectations of a reasonably competent chiropractor under similar circumstances.
In California, chiropractors are regulated by the California Board of Chiropractic Examiners. They are required to stay within their scope of practice, which includes spinal adjustments, physical therapy techniques, and other non-invasive treatments. When a chiropractor goes beyond their scope or acts negligently, they may be held liable for any resulting harm.
Examples of Chiropractor Negligence
Some common examples of chiropractor negligence include:
- Improper Spinal Manipulation: Using excessive force during adjustments, leading to nerve damage, herniated discs, or fractures.
- Failure to Diagnose or Refer: Ignoring symptoms that require medical attention or failing to refer the patient to a specialist.
- Informed Consent Violations: Performing procedures without adequately explaining the risks and obtaining the patient’s consent.
- Reckless Behavior: Conducting unnecessary treatments or using improper techniques.
Legal Grounds for Suing a Chiropractor in California
To sue a chiropractor in California, you must demonstrate that the chiropractor’s actions constituted malpractice. This involves proving four key elements:
- Duty of Care
The chiropractor had a professional duty to provide care that meets the accepted standard in the field. - Breach of Duty
The chiropractor failed to meet this standard by acting negligently or providing substandard care. - Causation
The breach of duty directly caused the patient’s injury or worsened an existing condition. - Damages
The patient suffered measurable damages, such as medical expenses, lost wages, pain and suffering, or diminished quality of life.
Common Injuries from Chiropractic Malpractice
Negligent chiropractic care can result in serious injuries, including:
- Stroke: High-velocity neck manipulations can cause vertebral artery dissection, a condition that may lead to a stroke.
- Spinal Cord Injuries: Improper adjustments can cause nerve damage or paralysis.
- Herniated Discs: Aggressive or improper manipulations may worsen pre-existing disc conditions.
- Nerve Compression: Pinched nerves caused by excessive pressure during treatment.
- Fractures: Ribs, vertebrae, or other bones may fracture if excessive force is applied, especially in patients with osteoporosis.
Statute of Limitations for Chiropractor Malpractice Claims
In California, the statute of limitations for filing a medical malpractice lawsuit, including claims against chiropractors, is:
- One year from the date the patient discovered or should have discovered the injury.
- Three years from the date the malpractice occurred, whichever comes first.
Exceptions may apply in cases involving fraud, concealment, or delayed discovery of the injury. Consulting an experienced malpractice attorney promptly is essential to avoid missing these deadlines.
Steps to Take If You Suspect Chiropractor Malpractice
If you believe you have been harmed due to chiropractic negligence, follow these steps:
Seek Immediate Medical Attention
Your health is the top priority. Consult a medical professional to diagnose and treat any injuries caused by the chiropractic treatment.
Document Your Injuries
Maintain detailed records of your symptoms, medical diagnoses, and treatments. Photos, written descriptions, and receipts for medical expenses can support your claim.
Obtain Your Chiropractic Records
Request a copy of your records from the chiropractor. These documents can provide critical evidence, such as treatment plans, procedures performed, and any deviations from standard care.
Consult a Chiropractor Malpractice Attorney
Speak with an experienced malpractice attorney who specializes in chiropractic cases. An attorney can evaluate your case, determine liability, and guide you through the legal process.
File a Lawsuit
If your attorney determines that you have a valid claim, they will file a lawsuit on your behalf and handle all legal proceedings, including negotiations with the chiropractor’s insurance company and representation in court.
Damages in a Chiropractor Malpractice Lawsuit
Victims of chiropractor malpractice in California may be entitled to various types of compensation, including:
- Economic Damages: These include medical expenses (past and future), lost wages, and rehabilitation costs.
- Non-Economic Damages: Compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: In cases of gross negligence or willful misconduct, the court may award punitive damages to punish the chiropractor and deter similar behavior.
Challenges in Proving Chiropractor Malpractice
Chiropractor malpractice cases can be challenging to prove. Some key hurdles include:
- Establishing Causation: Demonstrating that the chiropractor’s negligence directly caused the injury.
- Expert Testimony: Securing testimony from medical experts to establish the standard of care and how it was breached.
- Insurance Defense Tactics: Navigating aggressive defenses from insurance companies aiming to minimize or deny compensation.
An experienced malpractice attorney can help overcome these challenges by gathering compelling evidence, working with medical experts, and building a strong case.
Why You Need an Experienced Malpractice Attorney
Chiropractor malpractice cases require legal expertise and a thorough understanding of medical standards. A skilled attorney can:
- Investigate your case, gather evidence, and consult with medical experts.
- Negotiate with the chiropractor’s insurance company to secure a fair settlement.
- Represent you in court if a settlement cannot be reached, presenting a strong argument for your damages.
Working with a dedicated malpractice attorney increases your chances of a successful outcome and ensures that your rights are protected throughout the legal process.
Conclusion
Yes, you can sue a chiropractor in California for malpractice if their negligence caused harm. Chiropractors are held to the same legal and ethical standards as other healthcare professionals. If they fail to meet these standards, victims have the right to seek justice and compensation for their injuries.
If you suspect chiropractic malpractice, act quickly to protect your rights. Consult an experienced malpractice attorney who can evaluate your case, guide you through the legal process, and help you pursue the compensation you deserve.
References
- American Chiropractic Association. (2024). Chiropractic Standards of Care. Retrieved from https://www.acatoday.org
- California Department of Consumer Affairs. (2024). Chiropractic Regulation and Oversight. Retrieved from https://www.dca.ca.gov
- California Legislative Information. (2024). Statute of Limitations for Malpractice Claims. Retrieved from https://leginfo.legislature.ca.gov
- National Institutes of Health. (2024). Cervical Artery Dissection and Stroke: Risks of Chiropractic Manipulation. Retrieved from https://www.nih.gov
- Mayo Clinic. (2024). Herniated Discs: Symptoms, Diagnosis, and Treatments. Retrieved from https://www.mayoclinic.org