Chiropractor Malpractice

Chiropractic treatment and care has become quite popular over the years. When performed correctly, a chiropractic adjustment can potentially relieve pain, improve bodily functions, and create long-term health benefits. Chiropractic treatment may be debated, but there is no question that risks are involved, as with many types of medical treatments. Some common malpractice issues that surface with chiropractic care include:

Not Diagnosing a Condition That Requires Immediate Attention – As mentioned above, chiropractors are required to meet a level of care for their patients. When a chiropractor does not properly diagnose an underlying condition, this duty is breached. In such a situation, the patient’s urgent medical issue goes untreated. When this breach causes injury to the patient, the chiropractor could be held liable for damages.

Let’s say the chiropractor does not diagnose blocked arteries when symptoms are present, then the patient suffers a serious heart attack that would have been avoided if the chiropractor had correctly diagnosed the issue. This situation could lead to a malpractice claim.

Negligently Manipulating the Body – If the chiropractic adjustments made to a patient’s body cause a new injury or exacerbate an existing one, this negligent manipulation may be categorized as malpractice. Pregnant patients can be thrust into premature labor as the result of negligent chiropractic manipulation. Some of the serious medical conditions that result from improper chiropractic adjustment include:

• Neck damage
• Herniated discs
• Broken ribs
• Neurological damage
• Lumbar pain
• Sciatic nerve pain

Stroke Induced by Chiropractic Treatment – According to the American Heart Association, the rapid, jolting movements used by some chiropractors for treating neck pain in patients can result in a stroke. The human body has blood vessels, two pairs, in the neck. They are called cervical arteries, and their function is to deliver blood to the brain. When a tear (cervical artery dissection) develops in one of their linings, a stroke ensues. While this condition is rare, it is one of the most frequent causes of stroke in individuals under age 50.

Per a statement by the AHA in October 2014, cervical dissections in younger individuals have been linked to the chiropractic technique mentioned above. The technique is called cervical manipulative therapy. No one knows whether the therapy itself creates the problem or if the painful tear in the blood vessel sends patients looking for medical help. Regardless of which it is, individuals who are candidates for cardiovascular disease should carefully weigh the risk factors of cervical manipulative therapy.

No Informed Consent – Before a chiropractor provides medical care, the patient must be informed of all side effects and risks that are connected to the recommended treatment. If the chiropractor fails to first explain potential dangers before treatment, and the individual is injured by the treatment, the chiropractor could be held liable for malpractice.

Sexual Assault – The unstated bond of trust that should exist between physicians and patients is no different with chiropractors, even though they aren’t technically medical doctors. Patients frequently share personal concerns and issues with their chiropractor and depend on the advice they receive in return.

Therefore, it is reprehensible when such a trusted medical professional exploits this trust and sexually assaults patients. Individuals who visit a chiropractor’s office are usually there due to some type of condition that renders them physically vulnerable. To receive such incomprehensible assault in this setting can scar patients emotionally and mentally for the rest of their lives. Along with seeking justice in the criminal court system for such atrocities, these victims can seek justice additionally through a civil legal claim for compensation to cover the anguish they’ve already endured and for the ongoing costs of rehabilitative therapy.

In criminal court, the burden of proving sexual assault is high. There must be adequate proof without a reasonable doubt. Bear in mind, though, that this type of crime can also be tried in civil court. If the defendant is sentenced in criminal court, the victim may still be able to file a sexual assault lawsuit for compensation in civil court, as stated above. Damages could potentially be recovered for:

• Medical expenses related to the assault
• Emotional counseling
• Psychological trauma
• Lost wages and/or loss of employment
• Other damages resulting from the assault

As previously pointed out, chiropractors are medical professionals who are expected to uphold specific standards. When a negligent error involving a patient occurs and results in injury, the victim may have the right to bring a lawsuit against the chiropractor for damages caused by negligence. Even though chiropractors are not medical doctors, some legal jurisdictions still refer to their negligence as medical malpractice. In other jurisdictions, it is referred to as professional negligence.

Regardless of what it is called in a particular jurisdiction, some specific elements must be shown to prove medical malpractice. They are as follows:

1. A doctor-patient relationship existed. In order to prove this relationship element, the patient can provide a bill from an office visit or proof of payment made for treatment.
2. The chiropractor fell short of the accepted level of care demonstrated by other chiropractors in similar circumstances. To prove this, the victim’s attorney will likely call for expert testimony from a member of the same field who can establish what the expected treatment would look like and how the negligent chiropractor missed the mark.
3. The chiropractor’s negligent treatment caused injury to the patient. The victim’s attorney will also use an expert’s testimony here, as well as medical records, to show the negligent care that resulted in injury.

Among additional legal claims that victims might have, there is fraud, civil battery or misconduct. These would come into play if (1) procedures are performed by chiropractors who are not allowed to perform them because of licensing restrictions, or (2) procedures are performed for which the chiropractor did not get patients’ authorizations. Additionally, if specific contracted promises were made to patients concerning the final outcome of treatment, but the chiropractor failed to deliver the promised result, victims could file a lawsuit for breach of contract.