Chiropractic care can provide relief for many, but when treatments go wrong, the consequences can be devastating. If you have experienced an injury or worsening condition due to negligent chiropractic care, you may wonder whether you have legal options. Understanding your rights and the steps you can take for recourse is essential to protecting your health and pursuing justice.
Your dedicated medical malpractice lawyer with The Law Office of Paul Previte can help you determine whether you have a case and guide you through the legal process. With the right support, you can hold negligent chiropractors accountable and seek the compensation you deserve.
Understanding Chiropractic Malpractice
Chiropractic malpractice occurs when a chiropractor fails to provide care that meets the accepted standard in their field, resulting in harm to the patient. While chiropractic care can be beneficial, errors in judgment, technique, or diagnosis can lead to serious injuries or worsening conditions. Understanding what constitutes malpractice is the first step in determining whether you have a valid legal claim.
Chiropractors are held to a specific standard of care, meaning they are required to act as a reasonably competent chiropractor would under similar circumstances. A breach of this duty, such as performing an adjustment despite clear contraindications, can lead to injuries like nerve damage, herniated discs, or even strokes. Unlike general medical malpractice, chiropractic malpractice often centers on improper spinal manipulations or a failure to refer patients for necessary medical care. Examples of chiropractic malpractice include:
- Performing high-velocity adjustments on patients with conditions like osteoporosis or spinal instability.
- Failing to recognize signs of a more serious underlying medical condition, such as a herniated disc or cervical artery dissection.
- Using excessive force during a procedure, causing physical injury or worsening pre-existing conditions.
Challenges in Proving Chiropractic Malpractice
While seeking justice for chiropractic malpractice is possible, proving your case can be complex. Chiropractors are considered healthcare professionals, but their treatments and standards of care differ from those of traditional medical doctors. Successfully pursuing a malpractice claim often requires overcoming these unique challenges.
1. Establishing a breach of care
Chiropractors are held to a standard of care specific to their profession. Proving that the chiropractor deviated from this standard often requires testimony from an expert in chiropractic medicine. This expert must demonstrate how the care provided fell short of what a competent chiropractor would have done in similar circumstances.
2. Causation and pre-existing conditions
One of the most significant hurdles is linking your injury directly to the chiropractor’s actions. Defense attorneys often argue that the injury resulted from pre-existing conditions or other unrelated factors. Strong medical evidence and expert testimony are critical to proving causation.
3. Defense strategies
Chiropractors and their insurers may argue that the risks of treatment were explained to you beforehand or that you consented to the procedure. Additionally, they may attempt to minimize the severity of your injuries. A dedicated personal injury lawyer with The Law Office of Paul Previte can help counter these tactics by gathering evidence and building a compelling case.
Contact a Skilled Medical Malpractice Lawyer With The Law Office of Paul Previte Today
Suffering an injury from chiropractic malpractice can be overwhelming, leaving you with physical pain, extensive medical expenses, and unanswered questions. Whether you are dealing with nerve damage, a herniated disc, or worsening symptoms after treatment, you deserve answers and the chance to seek justice.
Your dedicated medical malpractice lawyer with The Law Office of Paul Previte is here for you. Contact our office today to schedule a free, confidential consultation. Call us or fill out our secure contact form to get started as soon as possible.
