Can I sue my Chiropractor?
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Many people have received some type of medical treatment for an injury through the services of a chiropractor. However, if something goes wrong during your chiropractic treatment, can you sue your chiropractor? The answer is yes, you absolutely can. This type of case is considered to be a civil case, and there are a few specific circumstances that can make suing your chiropractor a possibility. First, it is imperative to know some of the signs of a chiropractic injury.
What injuries can result from chiropractic procedures?
- Facial paralysis
- Headaches or migraines
- Numbness of limbs
- Pinched arteries, and
Reasonable means to sue:
- Breach of Warranty. If your chiropractor made documented and specific promises to you regarding the results you should expect from your treatment, such as “you will fully recover all flexibility after two treatments”, or “you will have no limitations regarding your range of motion after five treatments”, then your lawyer could file a breach of warranty lawsuit.
- Civil Battery. In the event that the chiropractor treated the patient without obtaining the appropriate consent of the patient first, the patient could sue for civil battery.
- Medical Malpractice. If the chiropractor is properly licensed, they will be held to certain professional standards just as any healthcare professional would. Thus, if a chiropractor makes a mistake on a patient, they could be involved in medical malpractice. So, what makes a chiropractor liable for medical malpractice? These types of claims must always have proof that:
- The relationship between the patient and caregiver existed.
- The way the chiropractor treated the patient was not up to the typical standards. This can be done by measuring against the skills and care provided by other reasonably competent chiropractors who have performed similar treatments for their patients.
- The patient is harmed as a direct result of the chiropractor’s inability to adequately care for, and treat, the patient. This last piece of evidence is often proven with the help of an expert witness in the field to prove liability. The expert will evaluate the medical records, notes, and additional evidence to deduce what—in their trained opinion—the best course of treatment would have been for the patient. In determining the proper treatment, the expert can conclude if the defendant’s actions were up to the standard.
Should you hire a lawyer to sue?
When filing a lawsuit against a chiropractor, the plaintiff must typically follow the rules of medical malpractice laws. These rules can be extremely complicated and difficult to follow correctly, and if a lawyer is not retained, there is potential the case will be thrown out in court. Thus, due to the complexity of filing the suit and the lengthy litigation process, it is imperative to hire an attorney. If you feel that you have been injured specifically under the care of a chiropractor and believe you have the means to sue, you should discuss your case with a personal injury lawyer Wytheville, VA relies on who has the background in medical malpractice cases.
Thank you to our friends and contributors at The Law Offices of Mark T. Hurt for their insight into chiropractors and personal injury claims.