Education
Can I Sue My Chiropractor for Medical Malpractice?
Published
2 years agoon
Chiropractors are considered holistic healthcare providers, and many people choose chiropractic treatment as it is less invasive than conventional treatment. Chiropractic practice feels risk-free, which is why many people prefer it. However, as in the case of any medical procedure, there are certain risks associated with chiropractic treatment.
Many people are unaware of the risks involved in chiropractic treatment, so they prefer it for themselves or their loved ones. But unfortunately, the truth is that these types of treatments are not risk-free, and manipulation of sensitive areas like the neck or spine can cause severe injury or even death.
Chiropractic lawsuits belong to two types of malpractices:
- When a chiropractor fails to diagnose the patient accurately
- When the patient gets harmed due to the negligence of the chiropractor
You can sue a chiropractor by consulting a medical malpractice attorney in Philadelphia if you are harmed or injured due to their negligence during the treatment. An attorney can help you follow proper steps to file a case for justice and compensation for your injuries.
Patient injury and Liability
Various legal theories (causes of action) are available for taking legal action against chiropractor practices and negligence. Professional negligence is the most typical and common cause of action. However, professional negligence is more complicated to prove than a standard negligence case. A victim is required to prove what a competent chiropractor would have done to the patient that the defendant didn’t do or meet the standards.
The victim requires an expert and qualified witness to prove what a typically safe chiropractor would have done and what the defendant’s chiropractor did wrong. If the victim’s injury results from an action that the chiropractor was not allowed under their license terms, the victim may sue him/her for fraud or misconduct. Moreover, if the chiropractor performs a procedure or medical practice without the victim’s consent, the victim can file a lawsuit.
If the chiropractor makes specific promises regarding the treatment results and fails to produce those results, the victim may sue the chiropractor for a breach of contract.
Injuries That Can Lead to Chiropractic Lawsuits in Philadelphia
There are several injuries for which the American Heart Association has warned medical practitioners. These injuries involve the risks of spinal and neck manipulation. Here is the list of neck and spinal injuries against which the victim can file a lawsuit.
- Neck adjustment injuries
- Recurring headaches
- Pinched arteries
- Numbness in patient’s limbs
- Vertigo
- Spinal stenosis
- Facial paralysis
- Spinal manipulation injuries
- Disc herniation
- Bone weakness
- Muscle weakness
- Bladder paralysis
Filing a Lawsuit
There are different rules for medical malpractice that vary from state to state. Philadelphia has its own regulations that medical practitioners and chiropractors need to follow. All chiropractic treatments that failed to offer the desired results qualify as malpractice or negligence. As long as the procedure meets the standards of treatment and care expected of a chiropractor, it is not considered malpractice. A medical malpractice attorney can help you determine whether you suffered from malpractice or negligence or not.
Medical malpractice and chiropractor negligence cases in Philadelphia need to follow a set of guidelines laid by the state. The court may dismiss the case if the victim does not follow the process and guidelines. A medical malpractice attorney in Philadelphia can help you follow the correct procedure and guidelines and help you get compensation for your suffering. So, it is best to consult a chiropractic malpractice attorney as soon as you suffer an injury due to chiropractor negligence.
Compensation in Chiropractic Lawsuits
A chiropractic malpractice victim can file a lawsuit to receive compensation for the following.
- Medical Bills: A victim of chiropractic negligence may get compensation for any current and future medical bills for the recovery of injuries.
- Lost Wages: A patient may get compensation for wages they would have gotten if they were injured. In some cases, the injuries caused by the negligence can be severe to prevent the patient from working for some time. This can lead to a loss of wages, and the victim may get compensation for the loss.
- Pain and Suffering: A patient may be able to recover the monetary losses to compensate for the physical and mental distress caused by chiropractic malpractice and negligence.
- Punitive Damages: In specific cases, victims may be entitled to receive punitive damages. Punitive damages are aimed at protecting future patients by discouraging the negligent behavior of the chiropractor that caused injuries to a patient.
If you or your friends or family have been injured as a result of chiropractic malpractice, you may be eligible to sue the chiropractor and receive compensation for the injuries or loss. Consult a medical malpractice attorney in Philadelphia to file a lawsuit against chiropractic malpractice or negligence and get compensation for your injuries.
Summing Up
Patients who suffer from the mistake of chiropractors or medical practitioners should know their rights and what they can do in case of medical malpractice. Consulting an attorney can help you sue a chiropractor, but it is best to be aware of reputed chiropractors and avoid being a victim of medical malpractice.
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