When seeking relief for back or neck pain, many people turn to chiropractors for care. Chiropractic treatment, while generally safe, involves hands-on spinal manipulation and other techniques that can occasionally lead to injuries. If something goes wrong during your treatment, you might wonder: Can a chiropractor commit medical malpractice?
Understanding Chiropractic Malpractice
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing injury to the patient. Chiropractors, like other licensed professionals, are held to specific standards of care. While they are not medical doctors, they are healthcare providers regulated by licensing boards, meaning they can face malpractice claims if they fail to meet those standards.
Examples of Chiropractic Malpractice
Chiropractic malpractice can arise in several ways, including:
- Improper diagnosis: A chiropractor may fail to diagnose a serious condition, such as a herniated disc or spinal infection, or may treat a condition outside their scope of practice, leading to harm.
- Inappropriate treatment: Spinal manipulation performed incorrectly or on a patient with contraindications, such as osteoporosis or severe arthritis, can result in serious injuries like nerve damage, fractures, or stroke.
- Failure to refer: Chiropractors are responsible for recognizing when a patient’s condition requires medical attention outside their expertise. Failing to refer a patient to a specialist can delay necessary treatment and worsen outcomes.
- Negligence during treatment: Negligence in treatment (for example, rough or excessive manipulation) can lead to unintended injuries, including torn ligaments, damaged nerves, or even dislocated joints.
Proving Chiropractic Malpractice
To succeed in a chiropractic malpractice case, the injured patient must typically prove the following:
- Duty of care: The chiropractor owed the patient a duty of care during treatment.
- Breach of duty: The chiropractor deviated from the accepted standard of care.
- Causation: The breach caused the patient’s injury.
- Damages: The patient suffered harm, such as physical injuries, medical expenses, or lost income, due to the chiropractor’s actions.
Challenges in Chiropractic Malpractice Cases
Malpractice cases involving chiropractors can be complex. One key challenge is establishing the standard of care, which can vary depending on the patient’s condition and the treatment provided.
Expert testimony is often required to explain how the chiropractor’s actions deviated from accepted practices.
Additionally, chiropractors may argue that the patient’s injury resulted from a pre-existing condition rather than their treatment, adding another layer of complexity to the case.
What to Do If You Suspect Malpractice
If you believe you’ve been injured due to chiropractic malpractice, consider taking these steps:
- Seek medical attention: Get evaluated by a medical professional to document your injuries and receive appropriate care.
- Request records: Obtain a copy of your chiropractic treatment records.
- Consult an attorney: Speak with a personal injury attorney experienced in malpractice cases to understand your legal options.
Contact Otorowski & Golden, PLLC
Please know that our firm is here to help if you were injured due to a medical provider’s malpractice. Otorowski & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.