A chiropractor, much like any other medical professional, is legally obligated to provide patients with a duty of care per the professional standard of care applicable to a specific patient in a specific situation. Should a patient suffer injury at the hands of a chiropractor, he or she may have grounds to recover damages under medical malpractice liability laws.
Common Incidents as Cause of Action in Chiropractor Malpractice Suits
Malpractice by a chiropractor occurs in the event a chiropractor deviates from the professional standard of treatment protocol, which ultimately causes injury and other damages to the patient. The most notable causes of action leading to chiropractor medical malpractice claims include:
- Patient injuries sustained by manipulation of musculoskeletal system, often occurring in instances where a patient previously suffers from illness, disease, or other injuries
- Patient sustains further injuries as the result of a chiropractor’s failure to diagnose certain conditions, which may require immediate medical intervention or cause the chiropractor to engage in treatment that ultimately worsens a patient’s condition
- Patient receives treatment, or some part of treatment, without the informed consent required to be obtained by a chiropractor
In order to determine negligence, the patient and their legal counsel must hold a specific chiropractor’s actions up to the applicable standard of care required in a specific patient’s exact circumstances. Often, this will require testimony from an expert medical witness in the chiropractic field.
Liability Laws and Patient Recovery of Damages
Should a chiropractor be found negligent, he or she can be held liable for injuries proximately caused by the negligent act. Liability is created when a chiropractor deviates from the standard of care required in treating a specific patient. The extent of this liability depends on several factors, including the proportional level of fault assumed by a patient and the amount of damages, from a financial perspective, that a patient has endured.
Getting Legal Help with Chiropractic Malpractice Claims
Every claims case against a chiropractor will rely on patients proving elements specific to their own individual claims case. Furthermore, state laws will vary on the liability a chiropractor may incur in a given claims case. All of these variables, and the relative complexity of filing any medical malpractice suit at all, requires patients to seek legal counsel to substantiate, investigate, and pursue legal claims for chiropractor liability.
