Chiropractor Malpractice Lawyers
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What Is Chiropractor Malpractice?
Chiropractor malpractice occurs when a chiropractor fails to follow the accepted standard of care for his profession, resulting in injuries to the patient. Chiropractors are held to the same standard of care as an ordinary chiropractor in similar circumstances. If, however, the chiropractor crosses the line and invades the scope of another practice, such as that of a medical doctor, the chiropractor will be held to the level of care applicable to a practitioner in the field which he invaded.
What Do I Have To Show To Prove Chiropractor Malpractice?
You must show that a chiropractor owed a duty to you. A chiropractor who accepts you as a patient and agrees to treat you owes you a duty of reasonable care.
To recover, you must show a breach of duty by falling below the standard of care. This is usually done with testimony of other chiropractors who testify about how reasonable chiropractors would act.
You must show that the breach of duty has caused you harm. If the chiropractor's breach was not the direct cause of your injuries, you may not be able to recover.
You must have suffered some harm as a result of the breach of duty. It does not matter how blatantly negligent a chiropractor was if you did not suffer some harm from it.
What Are Some Common Examples Of Chiropractor Malpractice?
Some common examples of chiropractor malpractice include:
- Failing to run diagnostic tests, insufficient questioning, or failing to diagnose because not enough information was collected.
- Failing to analyze the results of the test. This can include misdiagnosis or misinterpretation of symptoms.
- Failure to warn of risks and disclose usefulness of procedures. For example, one chiropractor was found liable because he failed to disclose that the patient's ailment was beyond the scope of chiropractic treatment.
- Negligent treatment or choice of treatment. A chiropractor may be liable where his treatment aggravated an injury, his treatment did not treat the injury, excessive force was used in the chiropractic manipulations, or he continued chiropractic manipulations after the patient requested the chiropractor to stop.
Should I Consult An Attorney About Chiropractor Malpractice?
If you believe you have been the victim of chiropractor malpractice, you should contact an attorney immediately. Proving chiropractor malpractice can be difficult, and there may be defenses which could bar your recovery. An attorney can evaluate your case and advise you of your rights so that you can be compensated for your injuries.
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Last Modified: 05-30-2014 09:32 AM PDT
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