Chiropractic care is often seen as a safe and effective way to relieve back pain, neck pain, and other musculoskeletal issues. However, when chiropractors fail to meet the standard of care, patients can suffer serious injuries. These injuries may result from manipulation errors, misdiagnosis, or failure to recognize underlying medical conditions.
If you or a loved one has been harmed due to chiropractic malpractice, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more. A San Diego chiropractor malpractice lawyer can help you navigate the legal process and hold negligent practitioners accountable.
What is Chiropractor Malpractice?
Chiropractor malpractice occurs when a chiropractic professional’s actions or negligence fall below the accepted standard of care, resulting in harm to the patient. Common forms of malpractice include:
Improper Spinal Manipulation
- Can lead to nerve damage, herniated discs, or vertebral artery dissection, which may cause strokes.
- Excessive force during adjustments can result in fractures or spinal cord injuries.
Failure to Diagnose or Misdiagnosis
- Misdiagnosing a serious condition, such as spinal tumors, fractures, or infections, can lead to delayed or improper treatment.
- Failing to refer patients to a medical doctor when symptoms indicate a non-chiropractic issue.
Inadequate Patient Screening
- Performing adjustments on patients with osteoporosis, severe arthritis, or vascular conditions, increasing the risk of injury.
Wrongful Treatment
- Treating conditions beyond the chiropractor’s scope of practice, such as internal organ issues or serious neurological conditions.
Sexual Misconduct or Boundary Violations
- Any form of inappropriate behavior or contact constitutes malpractice and should be reported immediately.
Common Injuries Caused by Chiropractor Malpractice
Injuries resulting from chiropractor malpractice can range from mild discomfort to severe, life-altering conditions. Some of the most common injuries include:
- Stroke – Often caused by vertebral artery dissection during neck manipulation.
- Herniated discs – Leading to chronic pain, nerve damage, or paralysis.
- Spinal cord injuries – Resulting in partial or total paralysis.
- Fractures – Broken ribs, vertebrae, or other bones due to excessive force.
- Nerve damage – Causing numbness, tingling, or loss of motor function.
- Cauda equina syndrome – A rare but serious condition that can lead to permanent disability if not treated promptly.
If you’ve experienced any of these injuries following chiropractic care, it’s crucial to seek medical attention immediately and contact a San Diego chiropractor malpractice lawyer to protect your legal rights.
Proving Chiropractor Malpractice
To succeed in a chiropractor malpractice lawsuit, you must prove the following elements:
- Duty of Care – The chiropractor owed you a duty to provide competent care.
- Breach of Duty – The chiropractor’s actions fell below the accepted standard of care.
- Causation – The breach of duty directly caused your injury.
- Damages – You suffered measurable harm as a result of the malpractice.
A San Diego chiropractor malpractice lawyer will gather evidence, consult with medical experts, and build a strong case to support your claim.
Compensation Available in a Chiropractor Malpractice Lawsuit
Victims of chiropractor malpractice may be entitled to significant compensation for their physical, emotional, and financial losses. Potential damages include:
Economic Damages
- Medical expenses – Emergency care, surgeries, medications, and rehabilitation.
- Future medical costs – Long-term treatment for chronic injuries.
- Lost wages – Income lost during recovery and reduced earning capacity.
Non-Economic Damages
- Pain and suffering – Physical pain and emotional trauma caused by the injury.
- Emotional distress – Anxiety, depression, and PTSD resulting from the experience.
- Loss of enjoyment of life – Reduced ability to participate in daily activities.
- Loss of consortium – Impact on relationships with family members.
Punitive Damages
In cases of gross negligence or intentional misconduct, punitive damages may be awarded to punish the chiropractor and deter future malpractice.
How a San Diego Chiropractor Malpractice Lawyer Can Help
Filing a chiropractor malpractice lawsuit can be complex and time-sensitive, requiring legal expertise and access to medical professionals who can testify on your behalf. An experienced San Diego chiropractor malpractice lawyer can:
- Investigate your case to determine the cause of your injury.
- Consult with medical experts to assess the extent of your injuries and provide testimony.
- Collect and analyze evidence, including medical records, patient history, and witness statements.
- Negotiate with insurance companies for a fair settlement.
- Represent you in court if necessary to secure maximum compensation.
With a skilled attorney on your side, you can focus on your recovery while they handle the legal process.
California’s Statute of Limitations for Chiropractor Malpractice
California law imposes strict deadlines for filing chiropractor malpractice claims:
- One year from the date of discovery of the injury.
- Three years from the date the malpractice occurred, whichever comes first.
- Six months for claims against government-employed chiropractors.
Failing to meet these deadlines can bar you from seeking compensation, so it’s essential to contact a San Diego chiropractor malpractice lawyer as soon as possible.
Recent Chiropractor Malpractice Settlements in California
Several high-profile chiropractor malpractice cases in California have resulted in multi-million-dollar settlements, including:
- $6.5 million for a patient who suffered a stroke following a neck adjustment.
- $4.2 million for a patient with permanent nerve damage caused by improper spinal manipulation.
- $3.8 million for a patient whose herniated disc was misdiagnosed, leading to paralysis.
These cases demonstrate the importance of strong legal representation in securing fair compensation.
Why Choose The Law Office of Melinda J. Helbock?
At The Law Office of Melinda J. Helbock, we are dedicated to helping victims of chiropractic malpractice recover the compensation they deserve. We offer:
- Decades of experience handling medical malpractice and chiropractor malpractice cases.
- Access to top medical experts to strengthen your case.
- Personalized legal strategies tailored to your unique situation.
- Aggressive representation to fight for maximum compensation.
Contact a San Diego Chiropractor Malpractice Lawyer Today
If you’ve suffered an injury due to chiropractor malpractice, you don’t have to face the legal process alone. A San Diego chiropractor malpractice lawyer can help you hold negligent practitioners accountable and secure the compensation you deserve.
Contact us today for a free consultation, and let us help you take the first step toward justice.
References
- National Institutes of Health. (2024). Risks and Complications of Spinal Manipulation Therapy. Retrieved from https://www.nih.gov
- American Chiropractic Association. (2024). Best Practices in Chiropractic Care and Patient Safety. Retrieved from https://www.acatoday.org
- California Department of Consumer Affairs. (2024). Chiropractic Patient Rights and Safety Guidelines. Retrieved from https://www.dca.ca.gov