Can You Sue a Chiropractor?

Chiropractic care can be a beneficial type of treatment for those with back pain and/or mobility issues. However, chiropractors should follow the same duty of care requirements as medical doctors. When they don’t, they can cause harm the patient may not recover from.

Can you sue a chiropractor for medical malpractice?

Just like other licensed health care professionals, chiropractors can be sued for medical malpractice as long as certain conditions are met. Mainly, they must adhere to certain professional requirements and follow the standard of care in their state. If they fail to do so, then you may have legal recourse.

Chiropractic standard of care

In Florida, as in other states, chiropractors are held to a specific standard of care when treating their patients. This standard is established to protect the rights of patients to receive safe and effective care. Here are the main criteria for those standards:

• Proper assessment and diagnosis: A Florida chiropractor is expected to properly assess and diagnose their patients. This could involve reviewing their medical history, examining the patient, or ordering diagnostic tests, such as X-rays.
• Informed consent: Chiropractors must obtain informed consent from their patients. This means they have thoroughly explained the treatment plan along with any risks. 
• Competent treatment: Chiropractors must provide a level of treatment that aligns with their training and experience
• Monitoring and adjusting: Throughout the course of the treatment, chiropractors are responsible for monitoring their patients’ progress and adjusting the plan as needed
• Documentation: Chiropractors must maintain comprehensive records of their patient’s medical history, assessment, and treatment plans

When to sue a chiropractor for injury

In Florida, if a patient believes their chiropractor failed to meet the established standard of care and that it caused them harm, they may have grounds for a lawsuit. 

One of the main reasons a patient might sue their chiropractor is for negligence. This could involve performing improper adjustments or misdiagnosing a condition. 

Another thing a chiropractor can do to warrant a lawsuit is to administer a procedure for which they were not properly trained.

These are just examples, but any failure to meet the standard of care can result in serious consequences. If you are a victim of subpar care or malpractice, it’s important you contact an attorney to discuss your case.

Chiropractor negligence

If a chiropractor fails to meet any of the standards of care discussed earlier, it’s considered negligence. In order to pursue a lawsuit in this situation, a patient must have been harmed directly by that negligence. 

An example of this would be a chiropractor who misdiagnoses a patient and performs the wrong treatment. This case is a good example:

A young woman went to a chiropractor to treat a pinched nerve and passed away two days later. The official cause of death was listed as “neck manipulation by chiropractor.”

This is obviously an extreme and rare example, but it’s a representation of the harm a healthcare professional can do without a thorough assessment.

Injuries caused by chiropractors

As with any medical procedure, the risks of chiropractic care involve risks that all patients should know. Some are minor, but others can be severe and life-threatening. These injuries can include:

• Herniated disks
• Nerve compression
• Stroke (after neck manipulation)

Establishing medical malpractice against a chiropractor

Proving medical malpractice against a chiropractor involves proving that the chiropractor deviated from the accepted standard of care, resulting in harm to a patient. This process can be complicated and requires a thorough understanding of relevant laws.

In order to pursue a case, you’ll have to establish that the chiropractor owed the patient a certain duty of care. You’ll then need to show that they breached the legal standard of care and these duties. You’ll also need to prove your injury was directly related to the chiropractor’s negligence.

Filing a chiropractor medical malpractice claim

Filing a medical malpractice claim against a chiropractor involves some very detailed steps. The first and most important is to consult an attorney regarding your case. They will guide you through these steps and ensure you file the proper paperwork.

One thing to understand is the difference between medical malpractice and medical negligence. Medical malpractice applies to professional standards in a healthcare setting, while negligence applies to everyone. In other words, a healthcare provider can be negligent but not intentional. Malpractice, on the other hand, implies that the actions were deliberate or reckless. Both cases can be brought to court, but how they are filed may differ completely.

If you’re filing a medical malpractice suit, there are certain pre-suit requirements that apply. Primarily, the person being sued will be thoroughly investigated to determine whether the case was actual malpractice or ordinary negligence.

Once that process is complete, you will be able to move on to litigation.

Damages you can seek in a chiropractic malpractice lawsuit

The damages you can seek in these types of cases are much like the ones you can seek in other cases. You can seek compensation for pain and suffering, medical bills, lost wages, disability, and loss of consortium (relationship). In some cases, you can also seek punitive damages, which is a way for the courts to punish the chiropractor for their actions.  

Each state has its own rules that govern limits and caps on the amount a person can receive for damages in a lawsuit. In Florida, that cap is set at $500,000 for most cases, but it can go up to one million if the incident  “caused death or a vegetative state.”

If you have been injured by a chiropractor, call Bernstein & Maryanoff today

If you or a loved one has suffered injuries due to chiropractic negligence, don’t hesitate to seek legal assistance. The experienced team at Bernstein & Maryanoff is here to help. Call us today to discuss your case and explore your legal options for getting the compensation you deserve.

Citations:

Chiropractic Adjustment. (2022).

FLA. STAT. § 460. (2023).

Goguen, D., J.D. Does Florida Cap Medical Malpractice Damages?

LeMieux, J. (2016). If You Think Chiropractors Can’t Kill You, Think Again.