Chiropractors play an important role in healthcare, helping millions of people find relief from pain, especially neck and back discomfort. They often use techniques like spinal manipulation and adjustments to address various musculoskeletal issues. However, just like any other medical professional, chiropractors can sometimes make mistakes or act negligently, causing harm to their patients.
If you’ve been hurt by a chiropractor’s actions, you may wonder: Can you sue a chiropractor for medical malpractice? In this article, we will explore this question in detail, breaking down what chiropractic malpractice is, the common reasons behind it, and how you can pursue legal action if you’ve been injured.
What Is Chiropractic Malpractice?
Chiropractic malpractice occurs when a chiropractor fails to provide the standard of care expected from a healthcare provider, resulting in harm to the patient. The standard of care refers to the level of treatment that a qualified and competent chiropractor, with similar education and training, would provide in the same situation.
If a chiropractor’s actions fall below this standard and cause injury, it may be considered malpractice.
Malpractice is a form of negligence, meaning that the chiropractor either intentionally or unintentionally made mistakes that led to your injury. This could happen in various ways, such as by performing procedures incorrectly, failing to diagnose a condition, or not informing you about the risks of a treatment.
Can Chiropractors Be Held Responsible for Their Actions?
Yes, chiropractors can be held responsible for their actions if their negligence results in harm. In fact, just like doctors, dentists, or other healthcare providers, chiropractors have a legal and ethical duty to provide their patients with the best care possible. If they breach this duty, and it causes an injury, they may be liable for malpractice.
Each year, around 10% of the U.S. population visits a chiropractor for neck and back pain relief. Chiropractic treatment involves manual adjustments of the spine, which can be very beneficial, but it also comes with risks. If a chiropractor fails to properly evaluate the patient’s condition, provides substandard care, or makes an error during treatment, it could lead to serious injuries and even long-term health problems.
How Chiropractic Malpractice Happens
There are several ways a chiropractor can commit malpractice, often without intending to cause harm. Here are some common examples:
Failure to Properly Review Patient’s Medical History
Before any treatment begins, chiropractors are supposed to thoroughly review a patient’s medical history to ensure that the prescribed treatment is safe and appropriate. This includes considering any underlying conditions, such as heart disease, osteoporosis, or previous surgeries, that might increase the risk of injury during chiropractic manipulation.
If a chiropractor fails to ask for or review your medical history properly, they might proceed with a treatment that could worsen an existing condition or cause new injuries. For instance, performing certain spinal adjustments on someone with a history of a stroke or weakened arteries could increase the risk of serious complications.
Failure to Diagnose a Medical Condition
Chiropractors are trained to diagnose musculoskeletal issues, but they are not medical doctors and do not have the ability to perform the same tests as a physician. That being said, they are still expected to recognize when a patient’s symptoms may be a sign of a more serious underlying medical condition, such as a herniated disc, arthritis, or nerve damage.
Sometimes, a chiropractor might overlook a serious condition or “trust their instincts” instead of using diagnostic tools or referring the patient to a medical doctor for further evaluation. If a chiropractor misdiagnoses a condition or fails to identify something potentially dangerous, it could lead to inappropriate treatment that makes the problem worse.
Providing Treatment Below the Standard of Care
Chiropractic care involves various techniques, including spinal manipulation and physical therapy. For these treatments to be effective and safe, they need to be performed correctly and with the right amount of force. If a chiropractor uses excessive force or manipulates your body in a way that is not appropriate for your condition, it can lead to severe injuries, such as:
- Pinched nerves
- Herniated discs
- Fractured vertebrae
- Broken ribs
- Nerve damage
These injuries can cause permanent disability, long-term pain, and even paralysis in extreme cases. If a chiropractor fails to follow the proper protocols for treatment and this causes harm, you may have grounds to sue for chiropractic malpractice.
Failure to Warn of Risks
Every medical treatment, including chiropractic care, carries some degree of risk. Chiropractors are legally required to inform their patients about the potential risks associated with the treatment they are offering.
This is known as “informed consent,” and it is meant to ensure that patients understand the possible complications and make an informed decision about whether to proceed with treatment.
If a chiropractor fails to properly explain the risks involved in their treatments and you suffer an injury as a result, you may be able to sue for malpractice. For example, if a chiropractor fails to inform you of the risk of stroke when performing neck adjustments, and you suffer a stroke during treatment, you could have a case for malpractice.
Chiropractic-Induced Stroke
One of the most serious complications associated with chiropractic care is the risk of a stroke. This can occur when a chiropractor performs spinal manipulation on the neck, which can damage arteries and restrict blood flow to the brain, leading to an ischemic stroke. Although this is a rare occurrence, it is a known risk of chiropractic neck manipulation.
If a chiropractor fails to take proper precautions or does not adequately assess the risks involved in neck adjustments, and you suffer a stroke as a result, you may have a valid chiropractic malpractice claim.
What to Do If You Suspect Chiropractic Malpractice
If you believe that you have been injured due to chiropractic malpractice, there are several steps you should take:
Seek Medical Attention Immediately
If you are experiencing new or worsening symptoms, such as severe pain, numbness, tingling, dizziness, or difficulty moving, it is important to seek immediate medical attention. A doctor can help diagnose the problem and determine if your injuries are related to chiropractic treatment.
Document Your Symptoms and Treatment
Keep a detailed record of your symptoms and any chiropractic treatments you’ve received. This includes keeping track of appointments, treatments, and any conversations you had with your chiropractor about your condition and the risks involved. The more documentation you have, the stronger your case will be.
Consult with a Chiropractic Malpractice Lawyer
A lawyer who specializes in chiropractic malpractice can help you assess whether you have a valid case. They can guide you through the process of filing a lawsuit and help you understand your rights. A lawyer can also assist you in gathering evidence, such as medical records and expert testimony, to prove that the chiropractor was negligent in their treatment.
Can You Win a Chiropractic Malpractice Lawsuit?
Winning a chiropractic malpractice lawsuit is not easy, and it requires proof that the chiropractor’s actions directly caused your injury. You will need to show that the chiropractor failed to meet the standard of care expected from a healthcare professional, that their negligence resulted in harm, and that you suffered damages as a result.
However, if you can demonstrate these elements, you may be entitled to compensation for medical bills, pain and suffering, lost wages, and other damages related to the injury caused by chiropractic malpractice.
Conclusion
While chiropractic care can be highly effective for treating certain musculoskeletal conditions, it’s important to understand that chiropractors are human and can make mistakes. If you have been harmed due to a chiropractor’s negligence or substandard care, you may be able to sue for medical malpractice.
By consulting with an experienced chiropractic malpractice lawyer, you can determine if you have a case and what steps to take next. Don’t hesitate to seek legal help if you suspect that you have been injured due to chiropractic malpractice. Your health and well-being are too important to leave unaddressed.