Can a Chiropractor be Sued for Medical Malpractice?
Posted on Apr 7, 2015 8:15am PDT
Chiropractic medicine can be very good for a patient's health, especially if the patient has been in a car accident or sustained injuries in a sport-related accident. From alleviating whiplash injuries, to chronic headaches, TMJ, back and neck injuries, and even sinus pressure, many patients find that chiropractic adjustments are valuable.
While most patients visit the chiropractor without ever encountering any problems, there are a handful of chiropractic visits that do go wrong. The types of injuries associated with chiropractic manipulation, include:
- Stroke
- Vertigo
- Facial paralysis
- Pinched arteries
- Spinal stenosis
- Frequently occurring headaches
- Numbness and tingling
In addition to the above, spinal manipulation of the back can cause herniated discs, bladder and bowel paralysis, and bone-weakening disease. Each of these injuries may be grounds for a medical malpractice lawsuit if it can be proven that the chiropractor provided a substandard level of medical care.
Taking Legal Action Against a Chiropractor
Generally, when a plaintiff wants to file a lawsuit against a chiropractor, they must follow the same rules that govern medical malpractice lawsuits. Since these rules are complicated, failing to adhere to them can cause a valid case to be thrown out of court.
Sometimes a patient may not have to follow the state's medical malpractice rules if they are claiming that the chiropractor "breached the contract." Meaning, the chiropractor had made specific promises or claims about the treatment, and those results were not achieved.
A medical malpractice lawsuit against a chiropractor is not a "do-it-yourself" situation. Not only can it be a lengthy litigation process, if a plaintiff is unrepresented, the chiropractor will be far less inclined to agree on a settlement. This is because the chances of the plaintiff making a mistake and losing the lawsuit before it makes it to trial are significant.
If you believe that you may have a lawsuit for a chiropractic injury, search our directory to find a skilled medical malpractice attorney near you!