Chiropractic Malpractice: Common Errors and Legal Recourse

Chiropractic care has become a popular treatment option for musculoskeletal issues such as back pain, neck discomfort, and headaches. These treatments often involve spinal adjustments and manual therapies designed to improve mobility and alleviate pain. However, chiropractic care is not without its risks. While most chiropractors adhere to professional standards, errors and negligence can lead to serious injuries. Understanding chiropractic malpractice, the risks involved, and your legal options can help you protect your health and seek justice if needed.

In this guide, we will delve deep into the world of chiropractic malpractice, exploring the types of errors that occur, how to prioritize patient safety, and the steps to take if you experience harm. This information will empower you to make informed decisions about chiropractic care and understand your legal rights in the event of malpractice.

What Is Chiropractic Malpractice?

Chiropractic malpractice refers to a situation where a chiropractor fails to meet the professional standard of care, resulting in harm to a patient. Chiropractors are healthcare providers who diagnose and treat neuromusculoskeletal issues. However, like all medical professionals, they are held to strict standards to ensure patient safety.

Malpractice can take many forms, including misdiagnosis, improper treatment techniques, failure to obtain informed consent, or neglecting to refer a patient to another medical professional when necessary.

The Importance of Understanding Malpractice
Chiropractic treatments often involve spinal manipulation, which requires precision and expertise. When performed incorrectly, these procedures can cause serious complications such as nerve damage, arterial injuries, or even stroke. Understanding chiropractic malpractice is vital for patients to:

• Recognize the warning signs of negligence.
• Know what legal steps to take if they are harmed.
• Make informed choices about seeking chiropractic care.

Common Chiropractic Errors and Risks

While many patients benefit from chiropractic care, it’s important to recognize the potential risks and errors that can occur. These risks range from minor discomfort to life-altering injuries.

1. Misdiagnosis and Mismanagement

Misdiagnosis is one of the most common forms of malpractice in chiropractic care. Chiropractors often deal with symptoms that could indicate a variety of underlying conditions, such as:

• Herniated discs: A chiropractor might mistakenly attribute back pain to muscle strain rather than a herniated disc.
• Osteoporosis: Failure to identify this condition before spinal manipulation can result in fractures or other complications.
• Serious medical conditions: Conditions like cancer or infections may be overlooked, delaying necessary medical treatment.

Mismanagement occurs when chiropractors fail to adjust their treatment plan based on a patient’s unique medical history or current symptoms. This can include unnecessary or excessive spinal adjustments that lead to further complications.

2. Spinal Manipulation Risks

Spinal manipulation is a cornerstone of chiropractic treatment, but it carries inherent risks. These include:

• Nerve damage: Incorrect adjustments can compress or damage nerves, leading to chronic pain or loss of sensation.
• Arterial tears and stroke: Manipulation of the cervical spine (neck) can tear arteries, potentially causing life-threatening strokes.
• Paralysis: In rare cases, poorly executed spinal manipulations can result in severe neurological impairments or paralysis.

Understanding these risks is essential for patients to make informed decisions about their treatment.

3. Informed Consent Issues

Informed consent is a critical component of any medical treatment. Chiropractors are required to explain:

• The nature of the proposed treatment.
• The potential risks and benefits.
• Any alternative treatments available.

Failure to provide informed consent is both an ethical and legal violation. Patients who suffer harm without being adequately informed of the risks may have grounds for a malpractice lawsuit.

 

How to Prioritize Patient Safety in Chiropractic Care

While chiropractic care can offer relief for many conditions, patients must take steps to safeguard their health. Here are key tips to ensure your safety.

Evaluate Chiropractor Credentials

Before receiving treatment, verify the chiropractor’s credentials. Here’s how:

• Research their qualifications: Look for a valid chiropractic license and formal education from an accredited institution.
• Check for disciplinary history: Search for any past malpractice claims or disciplinary actions against the chiropractor.
• Read reviews: Online reviews and testimonials can provide insight into the experiences of other patients.

Ask Questions About Risks and Alternatives

A competent chiropractor will be transparent about the potential risks associated with treatment and discuss alternative options. Be sure to ask:

• “What are the risks of this treatment for someone with my medical history?”
• “Are there non-invasive alternatives I should consider?”
• “How will this treatment address the root cause of my symptoms?”

If the chiropractor avoids answering these questions or dismisses your concerns, consider seeking a second opinion.

Monitor Your Symptoms and Stop Treatment if Necessary

Pay close attention to your body’s response to treatment. If you experience any of the following, stop treatment and consult a medical professional:

• Pain that worsens after treatment.
• Unexplained numbness, tingling, or weakness.
• Dizziness, blurred vision, or other neurological symptoms.

Knowing when to stop treatment is crucial to prevent further harm.

 

Legal Recourse for Chiropractic Injuries

If you believe you’ve been injured due to chiropractic malpractice, you may have the right to pursue legal action. Here’s what you need to know about filing a lawsuit and seeking compensation.

1. Steps to File a Chiropractic Malpractice Lawsuit

Taking legal action for chiropractic malpractice involves the following steps:

• Consult an attorney: Seek advice from a lawyer experienced in medical malpractice cases. They can assess the strength of your case and guide you through the legal process.
• Gather evidence: Collect all relevant medical records, treatment plans, and documentation of your injury. Expert testimony may also be required to demonstrate that malpractice occurred.
• File the lawsuit: Your attorney will file a formal complaint with the appropriate court, outlining the details of your claim.

2. Proving Negligence in Chiropractic Care

To succeed in a malpractice lawsuit, you must prove:

• Duty of care: The chiropractor owed you a professional duty of care.
• Breach of duty: The chiropractor failed to meet the standard of care expected in their profession.
• Causation: The breach directly caused your injury.
• Damages: You suffered quantifiable harm, such as medical expenses, lost income, or pain and suffering.

3. Compensation and Settlements

Compensation in chiropractic malpractice cases can include:

• Medical expenses: Reimbursement for treatment related to the injury.
• Lost wages: Compensation for time missed from work.
• Pain and suffering: Damages for physical and emotional distress.
• Future care: Costs associated with ongoing medical treatment or rehabilitation.

Settlement amounts vary widely, depending on the severity of the injury and its impact on your life.

Frequently Asked Questions on Chiropractic Malpractice

What are the most common chiropractic errors?
Misdiagnosis, improper spinal manipulation, and failure to obtain informed consent are among the most frequent mistakes.

How do I know if I’ve experienced chiropractic malpractice?
Signs include worsening symptoms, neurological issues, or complications that arise shortly after treatment.

Can I sue if my chiropractor didn’t warn me about the risks?
Yes, failure to provide informed consent can form the basis of a malpractice lawsuit.

What compensation can I expect from a malpractice lawsuit?
Compensation depends on the extent of your injury and its impact on your life. Settlements can range from thousands to millions of dollars.

 

Contact Matzus Law, LLC Today

Chiropractic malpractice can have lasting effects on your health and well-being. If you suspect negligence, it’s important to act quickly. Document your symptoms, seek medical attention, and consult a qualified attorney who specializes in malpractice cases.
Don’t let chiropractic negligence go unanswered. Contact Matzus Law, LLC today to explore your options and secure the compensation you deserve. Your health and safety matter, and taking action can ensure accountability for those who fail to uphold professional standards.