CAN I SUE MY CHIROPRACTOR FOR NEGLIGENCE?
Many Californians turn to chiropractors for help with injuries, pain, or discomfort. Patients trust chiropractors to perform adjustments and manipulations safely. When done correctly, these treatments can relieve pain. Negligent procedures, however, can cause serious injuries, including herniated disks, spinal cord injuries, whiplash, soft tissue injuries, and even aneurysms. If you suffer an injury or complication from chiropractic care, you may be able to file a personal injury lawsuit to recover damages before the statute of limitations expires.
When is a Chiropractor Negligent?
A chiropractor is not a medical doctor, but they can still be sued for negligence and professional misconduct. It is important to understand that just because there is an injury does not mean that it warrants a lawsuit. In order to have standing to bring a personal injury claim, your chiropractor must have negligently or intentionally caused your injury. For instance, some injuries are unavoidable as the chiropractic procedures involve an inherent amount of risk. Some injuries may also have been bound to occur even though the procedure was performed carefully and correctly.
A good way to know whether a chiropractor has been negligent is by looking at how another chiropractor would have acted in their position. If another similarly situated chiropractor placed in the same set of circumstances would not have acted like your chiropractor acted, then that weighs in favor of finding your chiropractor negligent. For example, it would be negligent for a chiropractor to treat patients while intoxicated, to ignore procedure guidelines, or to perform a procedure without reviewing a patient’s medical history, as another similarly situated chiropractor would not perform those actions if put in the same situation.
Can I Sue My Chiropractor?
If you suffered an injury as a result of your chiropractor’s negligent conduct, you may have standing to bring a lawsuit. In order to do so, you will have to establish that you suffered an actual injury which can be substantiated by both physical and financial harm. You can prove this by providing medical bills and evidence of lost wages if you needed to miss work as a result of your injuries. Medical records will be used to prove the injury. In some cases, it can be difficult to prove that the chiropractor caused additional harm, as patients generally came to them with an existing injury. However, even if you had an existing injury when you sought chiropractic care, the chiropractor is liable if their negligence caused your injury to become worse in any way.
Seeking medical care as soon as possible after the injury and expressing any discomfort or symptoms will help to substantiate your claim. If you are unsure whether you have a claim against your chiropractor, schedule a consultation with a personal injury attorney who can review the facts of your claim and determine whether you are likely to succeed in bringing a personal injury lawsuit.
Damages for a Chiropractor Lawsuit
You may wonder if filing a personal injury lawsuit against your chiropractor is worth the time, effort, and emotional stress. The purpose of a personal injury lawsuit is to make a victim financially whole after someone else’s negligence. If your financial damages are minimal, a lawsuit may not be worthwhile.
However, if you faced substantial medical bills, missed significant work, or cannot return to the same level of employment due to your injury, a lawsuit can help. It allows you to recover expenses related to your injury, including medical bills, medication, transportation to appointments, lost wages, and anticipated future costs for ongoing treatment.
You can also receive compensation for pain and suffering. This covers the physical and emotional harm caused by the accident. Courts usually calculate it based on your economic damages and the severity and permanence of your injury. More severe or long-lasting injuries result in higher damages.
In cases where the chiropractor acted egregiously or maliciously, you may qualify for punitive damages. Unlike other damages, punitive damages aim to punish the negligent party and deter similar behavior in the future.
Contact Mary Alexander Law in San Francisco, California
If you have been seriously injured due to a negligent chiropractor in the Bay Area, Mary Alexander Law is ready to fight to get you the maximum amount of compensation that you deserve. Contact Mary Alexander Law in San Francisco, California to schedule a consultation today.
