Just as with any other medical professional, a chiropractor has a standard of care to maintain. If this is violated, and a patient is injured, then this could be the basis for a malpractice lawsuit. To learn more about the specifics of a chiropractic malpractice case, keep reading.
One of the leading reasons to file this malpractice claim is suffering a stroke because of chiropractic manipulation. But other injuries sustained from malpractice are still serious enough to call for a lawsuit. For example, a faulty neck adjustment could lead to pinched arteries, chronic headaches, numbed limbs, dizziness, even facial paralysis, and more. If a chiropractor performs spinal manipulation poorly, then this could result in such painful consequences as a herniated disc, weakened muscles or bones, and perhaps bowel and bladder paralysis. Unfortunately, there are a great deal of serious, even life-altering injuries that can be inflicted by a negligent chiropractor.
The Types of Lawsuits You Could File Against a Negligent Chiropractor
So what are your legal options when you face chiropractic malpractice? Usually, you can file a claim that accuses the chiropractor of professional negligence. This means that you have to establish what a reasonably competent chiropractor would have done in your case, and to show that this is not what your chiropractor did. To show a chiropractor's failure to uphold a duty of care, you will definitely need experts to testify on your behalf, explaining this unmet standard of care.
Another reason you could be able to file a suit is if the chiropractor performed a procedure that they were not allowed to. In every state, there are licensing laws that limit what a chiropractor can do. If you were injured because your chiropractor did not have a license to perform the treatment he or she gave to you, then you could file a claim for fraud or misconduct.
You might be able to file a lawsuit alleging civil battery if a chiropractor performed a treatment with your permission. If this does not pan out, then you could be able to sue for medical malpractice, saying that you did not give consent to the procedure that injured you. Also, if a chiropractor was foolhardy enough to give you exact promises that the treatment would give you certain outcomes, outcomes that never materialized, then you might be able to file a claim for breach of contract.
How to Keep your Medical Malpractice Suit from Getting Thrown Out
Most claims against a chiropractor will have to follow the laws for a medical malpractice suit, and these laws are different from state to state. If you are not aware of all the complex statutes that govern every step of the lawsuit, then your case could get thrown out by a judge. This means acting within the statute of limitations. You also have to know whether there are measures you have to take before you file, such as needing to notify the chiropractor that you want to sue and why. There are states where you have to start your case with an expert's testimony that the standard of care was violated. In some cases, you would have to first give your case to a review panel.
That is why it is important to consult an experienced medical malpractice attorney who can inform you about your state's laws and help you follow these to the letter, ensuring that you preserve your right to compensation. A legal expert can also tell you how strong your case is, how much it could be worth, and can further provide the counsel and representation you need to get the outcome you deserve. You can use our directory to find the right medical malpractice lawyer today!