Chiropractic malpractice can cause serious spinal injuries or even death. Chiropractors owe their patients a duty of care to follow established medical standards and norms. If they fail to do so and injure patients, then they may be liable for the harms they caused.
Millions of people see a chiropractor every year for help treating chronic back conditions. Like all health care providers, chiropractors are obligated to adhere to the accepted standards of care within the medical community. The failure to do so can result in liability for any injuries that are sustained as a result.
Discovering Chiropractic Malpractice
It can sometimes be difficult to determine if you were the victim of chiropractic malpractice. Some common examples of chiropractic malpractice include:
- Adjustments to the patient’s body cause new injuries or exacerbate an existing injury. Negligent chiropractic adjustments can cause a number of severe medical problems, such as herniated discs, broken ribs, neck damage, nerve damage, sciatic nerve pain, lumbar pain, neurological damage, and premature labor in pregnant women.
- Chiropractic-induced stroke. If the chiropractor is negligent in manipulating a patient’s neck, the artery to the brain can rupture or become blocked and result in a stroke. In some cases, the stroke may not happen until several days or weeks after the chiropractic manipulation.
- Failure to diagnose an emergency medical condition. As medical professionals, chiropractors have a duty to properly diagnose an underlying medical condition. Unfortunately, missed diagnosis is all too common. In fact, new data indicates that most medical malpractice claims against primary care physicians are a result of missed diagnoses and medication errors. When a chiropractor fails to identify and diagnose an underlying medical condition, he or she can be liable for any resulting medical conditions or injuries.
- Performing unnecessary medical procedures or not obtaining informed consent. The patient must provide informed consent for all medical services, which means that the patient must be informed of and understand the risks associated with a particular treatment. If the patient does not provide consent, or the chiropractor does not adequately explain the procedure, the chiropractor may be liable for malpractice.
How a Chiropractic Mistake Attorney Can Help Maximize Your Money Damages
If you have been the victim of chiropractic malpractice, you may be able to recover compensation for the following damages:
- Medical expenses
- Lost wages
- Household services
- Pain and suffering
- Permanent disability
- Emotional distress
At Ankin Law, LLC, our Chicago accident and injury attorneys focus on representing the victims of medical malpractice and other types of personal injury claims. Accordingly, we understand the legal issues involved with a medical malpractice claim and are familiar with the medical issues affecting the case.
If you think that you may have been the victim of chiropractic malpractice, do not hesitate to contact the experienced Chicago medical malpractice lawyers at Ankin Law at (312) 600-0000 for a free consultation.
Many patients in Chicago seek chiropractic treatment each year. For some patients, however, Chiropractic treatment leads to injury, or even death.
These cases leave many patients and their families wondering if they can file a medical malpractice claim for chiropractic service or other forms of alternative care in Chicago. Illinois law does allow patients to pursue a legal case against a chiropractor who causes injury or death because of a negligent act or omission.
The Role of a Chiropractor
Chiropractors are medical professionals who diagnose and treat neuromuscular disorders. Though many chiropractors reduce pain and improve mobility through chiropractic manipulation, they are expected to consult and refer to medical doctors or other practitioners when appropriate.
A chiropractor in Illinois is held to the same accepted standards of care as any other chiropractor. In a case where a chiropractor’s work crosses over into another specialty, such as that of a medical doctor, he or she will be held to the same standard of care as a doctor in that field.
Chiropractic malpractice cases in Illinois work in the same way as traditional medical malpractice cases. The plaintiff must prove that the chiropractor was negligent and that this negligence caused the patient injury. Just as in these traditional medical malpractice cases, there are several situations that could be responsible for patient injury. A chiropractic malpractice lawyer may be able to help you investigate and prove your case.
Misdiagnosis is a common form of medical malpractice for chiropractors. An incorrect diagnosis can lead to worsened symptoms and denied access to appropriate treatments. The scope of a chiropractor’s practice is much smaller than that of a medical doctor, and a chiropractor will often not have access to the full range of diagnostic tools that are available to traditional medical practitioners.
Another common cause of malpractice is lack of informed consent. Some patients, who visit chiropractors regularly, find that treatments initially make them feel better, but later experience side effects. Later evaluations by medical doctors often uncover injuries caused by the chiropractic treatment. In Illinois, chiropractors are required to inform patients of the risks associated with their treatment. Failure to do so, could be cause for medical malpractice.
For those who have been injured as the result of chiropractic care in Chicago, and their families, the laws that ensure their rights can seem confusing. An Illinois malpractice attorney has the tools and resources to determine the cause of an injury and help the court determine if medical malpractice occurred.
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Chicago personal injury and workers’ compensation attorney Howard Ankin has a passion for justice and a relentless commitment to defending injured victims throughout the Chicagoland area. With decades of experience achieving justice on behalf of the people of Chicago, Howard has earned a reputation as a proven leader in and out of the courtroom. Respected by peers and clients alike, Howard’s multifaceted approach to the law and empathetic nature have secured him a spot as an influential figure in the Illinois legal system.