Yes, you can sue a chiropractor for malpractice in Texas if their negligent care caused you harm. Chiropractic care can offer tremendous relief for issues like back pain, headaches, and joint stiffness. But when treatments go wrong, the consequences can be life-changing—and sometimes devastating.
If you’ve been injured due to a chiropractor’s negligence, understanding your legal rights is the first step toward justice. At The Law Office of Paul Previte, we help clients pursue accountability and compensation for injuries caused by substandard chiropractic care.
Understanding Chiropractic Malpractice
Chiropractic malpractice occurs when a chiropractor fails to meet the standard of care expected in their profession, resulting in patient harm. Though chiropractors are not medical doctors, they are still licensed healthcare providers in Texas and can be held legally liable for malpractice under the Texas Medical Liability Act.
Examples of chiropractic malpractice include:
- Performing spinal adjustments on patients with osteoporosis or spinal instability
- Using excessive force that causes physical injury
- Failing to recognize serious underlying medical conditions, such as herniated discs or cervical artery dissections
- Neglecting to refer a patient to a specialist when appropriate
- Not obtaining informed consent before performing high-risk procedures
In some cases, these negligent actions can lead to nerve damage, herniated discs, stroke, or worsening of pre-existing conditions.
Key Legal Elements of a Chiropractic Malpractice Claim
To bring a successful chiropractic malpractice lawsuit in Texas, you must prove four essential elements:
- Duty of Care: The chiropractor owed you a professional duty.
- Breach of Duty: The chiropractor failed to meet the expected standard of care.
- Causation: The breach directly caused or contributed to your injury.
- Damages: You suffered actual losses—physical, emotional, or financial—as a result.
These cases often hinge on expert testimony from other chiropractors who can speak to how your provider’s actions deviated from the norm.
Unique Challenges in Proving Chiropractic Malpractice
Proving malpractice against a chiropractor can be more nuanced than suing a medical doctor. Here are some key challenges you may face:
1. Establishing a Breach of Care
Chiropractic treatments are different from traditional medical procedures. To prove negligence, your legal team must work with chiropractic experts who can explain what the chiropractor should have done differently.
2. Linking the Injury to the Treatment
It’s common for defense lawyers to argue that your injury resulted from a pre-existing condition, not the chiropractor’s actions. Your attorney must build a case using strong medical evidence and expert analysis to clearly connect your injuries to the chiropractic care you received.
3. Addressing Consent and Risk Disclosures
Chiropractors often ask patients to sign consent forms acknowledging treatment risks. While this doesn’t excuse negligence, the defense may argue that you accepted known dangers. A skilled attorney can demonstrate that you weren’t fully informed or that the risk you experienced was due to preventable error—not an inherent risk.
What Compensation Can You Recover?
Victims of chiropractic malpractice in Texas may be entitled to recover both economic and non-economic damages:
- Economic Damages:
- Medical bills
- Lost income
- Future medical treatment or therapy
- Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Texas caps non-economic damages in medical malpractice cases at $250,000 per provider and $500,000 total for all providers involved.
How Long Do You Have to File a Lawsuit?
In Texas, the statute of limitations for filing a chiropractic malpractice claim is generally two years from the date of injury or the date the injury was discovered. Missing this deadline could prevent you from ever pursuing compensation—so don’t delay.
Contact a Skilled Medical Malpractice Lawyer With The Law Office of Paul Previte Today
Suffering an injury from chiropractic malpractice can leave you with pain, unexpected expenses, and unanswered questions. Whether you’re dealing with nerve damage, a herniated disc, or worsening symptoms after treatment, you deserve answers—and the opportunity to hold negligent providers accountable.
At The Law Office of Paul Previte, we’re committed to helping you pursue justice. We understand the unique challenges of chiropractic malpractice cases and will fight tirelessly to protect your rights. Contact us today for a free, confidential consultation.
Call us or fill out our secure contact form to get started. You don’t have to face this alone—we’re here to help you take the next step forward.
