Yes, chiropractors can be sued for medical malpractice. Like other healthcare providers, chiropractors must meet established standards of care in their practice. When they deviate from these standards and cause harm to patients, they can be held legally liable through a malpractice lawsuit.
If you believe you’ve been injured due to negligent chiropractic care in Florida, consulting with a Florida medical malpractice lawyer can help you understand your rights and legal options.
Understanding Chiropractic Malpractice Standards
While many patients benefit from chiropractic treatments, these procedures carry risks when not performed properly or when provided to patients for whom they are contraindicated. Chiropractors are considered healthcare professionals and must adhere to standards of care specific to their field. These standards are established by:
- Professional chiropractic associations
- State licensing boards
- Accepted practices within the chiropractic community
- Relevant medical research and literature
- State laws governing healthcare providers
Unlike medical doctors, chiropractors typically do not prescribe medications or perform surgery. However, they still owe their patients a duty of care consistent with their professional training and the scope of their practice. This includes:
- Conducting appropriate examinations before treatment
- Taking thorough medical histories to identify contraindications
- Informing patients about the potential risks and benefits of treatments
- Using proper technique during spinal manipulations and other treatments
- Recognizing conditions that require referral to medical doctors
- Providing treatment that is within the scope of chiropractic practice
When a chiropractor fails to meet these standards and a patient is injured as a result, the chiropractor may be sued for malpractice. The same legal principles that apply to other healthcare providers also apply to chiropractors, even though the specific standards of care may differ.
Common Types of Chiropractic Malpractice
Chiropractic malpractice claims arise from various forms of negligence. Understanding these common scenarios can help patients recognize potential malpractice and take appropriate action. A chiropractor can be sued for medical malpractice if they do one of these types of things.
Spinal Manipulation Injuries
The most frequent allegations against chiropractors involve injuries from spinal manipulations, particularly those affecting the neck (cervical spine). These injuries can include:
- Vertebral artery dissection leading to stroke
- Herniated discs
- Spinal cord compression
- Nerve damage
- Fractures in vulnerable patients (such as those with osteoporosis)
- Worsening of existing disc problems
Cervical manipulation carries particular risks due to the proximity of vertebral arteries that supply blood to the brain. Improper technique or applying manipulation to inappropriate candidates can damage these arteries, potentially causing strokes that may occur days or even weeks after treatment.
Failure to Diagnose
Failure to diagnose serious medical conditions represents another common area of chiropractic malpractice. Patients often seek chiropractic care for pain that may actually stem from serious underlying medical conditions requiring different treatment. Examples include:
- Failing to recognize the symptoms of cancer affecting the spine
- Misdiagnosing a medical emergency like cauda equina syndrome
- Not identifying fractures or other structural problems
- Overlooking signs of infection or other systemic diseases
- Missing signs of a herniated disc that requires surgical intervention
Chiropractors have a responsibility to recognize when symptoms suggest conditions outside their scope of practice and make appropriate referrals to medical doctors.
Informed Consent
Informed consent issues also frequently arise in chiropractic malpractice claims. Patients may allege that they were not properly informed about:
- The risks associated with specific chiropractic techniques
- Alternative treatment options available
- The limitations of chiropractic care for their condition
- Potential side effects or complications
Other Reasons
Other common allegations include:
- Treating without proper examination or diagnosis
- Continuing ineffective treatment for extended periods
- Performing unnecessary treatments for financial gain
- Causing rib fractures or other injuries during manipulations
- Applying excessive force during adjustments
- Treating patients with contraindications for chiropractic care
Each of these scenarios represents a potential deviation from the standard of care expected of responsible chiropractors. When such deviations directly cause patient harm, they may constitute actionable malpractice.
Potential Damages in Chiropractic Malpractice Cases
When a chiropractor’s negligence causes injury, victims may be entitled to various forms of compensation for the harm they’ve suffered. Understanding these potential damages can help you assess the full impact of the malpractice on your life.
Economic damages cover quantifiable financial losses resulting from the chiropractic injury:
- Medical expenses for treatment of the injury, including emergency care, hospitalization, medications, and therapy
- Future medical costs for ongoing or anticipated care related to the injury
- Lost wages for time missed from work while recovering
- Reduced earning capacity if the injury affects your ability to work in the same capacity
- Out-of-pocket expenses related to your injury, such as transportation to medical appointments or assistive devices
Non-economic damages address intangible losses that significantly impact quality of life:
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Loss of consortium (impact on relationships with spouse and family)
In rare cases involving particularly egregious negligence, punitive damages may also be available. These damages are designed to punish the wrongdoer and deter similar behavior in the future, though they are relatively uncommon in malpractice cases.
How Much Could I Receive?
The amount of compensation varies based on factors such as:
- The severity and permanence of your injuries
- Whether the injury affects your ability to work or engage in daily activities
- Your age and life expectancy
- The clarity of the chiropractor’s negligence
- The strength of the evidence establishing causation
- Whether you had pre-existing conditions that were aggravated
Our attorneys work to secure a settlement or verdict that fully accounts for both your current and future needs resulting from the chiropractic injury. We understand the profound impact that negligent care can have on your life and fight for the resources you need to address these challenges.
Sue Your Chiropractor for Medical Malpractice
If you’ve suffered an injury due to negligent chiropractic care, you don’t have to face this challenge alone. Our experienced Florida medical malpractice attorneys understand the complexities of chiropractic cases and are ready to fight for the justice and compensation you deserve.
Contact us today for a free, no-obligation consultation to discuss your case. Our team will listen carefully to your story, answer your questions, and provide clear guidance about your legal options. We can help you sue your chiropractor for medical malpractice.
We Can Help.
