Chiropractors are medical health providers and as such they are responsible to provide an acceptable standard of care for their patients. It is important to understand that a chiropractor must be a licensed health care provider to be sued for malpractice. A person calling themselves a back specialist, massage therapist, movement therapist, or anyone else working outside of a defined and licensed medical field cannot be sued for medical malpractice.
Standard of Care
Within each medical field or discipline there is an accepted "standard of care" for each specific issue that a patient may have. This standard of care is similar to an industry standard, each medical professional, including chiropractors, will be required to follow this procedure for the given medical issue. In addition each medical professional must also provide informed consent, which means he or she must outline to the patient both the possible risks as well as the benefits to any type of treatment or chiropractic procedure.
Lawsuits and Standard of Care
In situations where a chiropractor used the accepted standard of care in treating a patient and the back injury or muscle or bone condition worsened, medical malpractice may or may not be an option. Generally if the professional followed the standards that others in the same profession agree are the most effective and appropriate, any worsening of the condition or development of unrelated health issues cannot be considered in a malpractice suit. The lawsuit can only occur if the standards of care where not met and damages occurred to the patient. If the patient realized the treatment had the potential to cause further injury but did not experience actual documented issues then a lawsuit cannot be filed.
Compensation Options
If the actions or lack of actions by the chiropractor resulted in damages to the patient a lawsuit can occur. Typically the compensation options include medical expense coverage, loss of wages, pain and suffering and punitive damages. Punitive damages are not always awarded and require the proof of reckless conduct or intentional damage on the part of the chiropractor or medical health professional.
Legal Assistance
If you have reason to believe your chiropractor's actions resulted in damages to your health you need to consult with an attorney experienced in medical malpractice. The attorney can review your case, provide information on your legal options and begin to collect evidence for a hearing. In addition he or she may be able to settle out of court, saving your considerable time and money in obtaining compensation.
