Chiropractor malpractice occurs when a chiropractor fails to follow the medical standard of care for their profession, resulting in injuries to the patient. If you believe your chiropractor has engaged in malpractice, you can file a professional negligence lawsuit against the chiropractor.
While you still will have to prove the elements of regular negligence, this type of lawsuit is more complex because chiropractors are held to a higher standard. Basically, you will have to prove that the chiropractor failed to provide you with the care that a careful, competent and skilled chiropractor would have done.
What Do I Have To Show To Prove Chiropractor Malpractice?
In order to win a professional negligence suit based on chiropractor malpractice, the following elements will have to be proved:
- Duty: 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;
- Breach: You must show a breach of duty by the chiropractor because the chiropractor failed to act as a careful, competent and skilled chiropractor would have;
- Causation: You must show that the chiropractor’s conduct caused your injuries; and
- Damages: You must show that harm actually occurred. This usually can be shown through medical bills or other expenses that you had to pay because you were injured.
If you go to trial, you may need to hire an expert witness to testify about the standard of care for the treatment you received, and how that was not met. In this type of case, the expert witness would generally be another chiropractor.
In addition, if you had to see another chiropractor or medical doctor to treat the injuries that you suffered as a result of the negligence that occurred, these individuals could be key witnesses to help prove you case.
What are Some Common Examples Of Chiropractor Malpractice?
Some common examples of chiropractor malpractice include:
- Failing to diagnose an underlying condition and/or failure to run additional tests to make a diagnosis;
- Making a misdiagnosis;
- Failing to warn the patient of the risks associated with the treatment; and
- Choosing a course of treatment that injured the patient.
If you believe that any of the above may have occurred during your chiropractic care and treatment, you may have a case for chiropractor malpractice.
Should I Consult an Attorney?
If you believe chiropractor malpractice, has occurred you should contact a local personal injury attorney. An attorney can evaluate your case, file a lawsuit on your behalf, and represent you in court.