Proving Negligence in Chiropractic Malpractice Cases

When seeking chiropractic care, the goal is often to alleviate pain and promote healing. However, if a chiropractor makes errors or acts negligently, it can lead to significant harm and suffering. Understanding how to prove negligence in a chiropractic malpractice case is crucial for obtaining the compensation you deserve. Here’s a guide to navigating this complex area of law.

What does a Mississippi chiropractor do?

Chiropractors are licensed professionals who focus on the musculoskeletal system, particularly the spine. Their primary tasks include:

• Examinations: Assessing the spinal column, muscle reflexes, and overall body condition.
• Testing: Conducting tests to diagnose conditions affecting the patient.
• Treatment Planning: Developing individualized treatment plans.
• Manipulation: Performing spinal adjustments and other manipulations to relieve pain.
• Monitoring: Tracking patient progress and adjusting treatments as needed.
• Additional Therapies: Utilizing massage, exercise, traction, and hot/cold therapies to aid healing.

How can a chiropractor act negligently?

A chiropractor can act negligently by failing to provide the standard of care, which can result in injuries or death. Chiropractic negligence can happen in many forms. For example, a chiropractor may fail to diagnose an injury and refer a patient to a medical specialist, fail to develop appropriate treatment methods based on the patient’s injuries, or even recommend the wrong type of follow-up care. When a chiropractor makes a mistake or error, you may be able to file a chiropractic malpractice claim or lawsuit for your losses.

Keep in mind that not all injuries that occur during or after chiropractic treatment are caused by malpractice. Therefore, it is in your best interest to contact a Mississippi medical malpractice lawyer as soon as possible to find out whether you have a viable case and how you can prove that your chiropractor acted negligently and caused your injuries.

What are examples of chiropractic malpractice?

Chiropractic malpractice can happen in many ways, such as:

• Incorrect spinal manipulations: Spinal manipulations or adjustments are one of the most common types of treatment used by chiropractors. They usually massage and adjust the spine gently to alleviate the pain, soreness, and stress in the spinal area. During this type of treatment, the chiropractor may use various tools and instruments to apply force and realign the nerves, muscles, ligaments, joints, and more. However, the chiropractor may simply only use his or her hands to manipulate the joints. If the chiropractor conducts the spinal exercises incorrectly, it can lead to artery dissections, strokes, permanent nerve damage, loss of certain bodily functions, paralysis, numbness, and more.
• Negligent treatment: If chiropractors are not cautious when performing treatment on their patients, they may be considered negligent. Patients who visit chiropractors usually have serious injuries or medical conditions, which is why chiropractors should be very careful when treating them. If they are too aggressive, they could cause the patient to experience arterial dissections and strokes, permanent nerve damage, pinched nerves, broken or fractured bones, herniated or slipped discs, and more.
• Failing to provide information or obtain informed consent: A chiropractor should always provide information about the procedures or treatments that they are about to perform. After they inform the patient, they should receive consent to proceed. If the chiropractor fails to provide important information about certain risks and continues without receiving consent, this could be considered negligent. If the patient becomes injured, they may be able to pursue a chiropractic malpractice claim stating that they were never informed about the potential risks and did not provide consent.
• Chiropractic methods resulting in other serious conditions: In some cases, chiropractic methods may cause other serious conditions. For example, if a chiropractor manipulates the neck too aggressively, it could lead to a stroke caused by dissections of the vertebral or carotid arteries. Therefore, it is always important for chiropractors to listen to their patients and if there are any signs of discomfort, they should stop immediately. If the patient experiences a stroke or another serious condition from the chiropractic procedures, they will likely have a chiropractic malpractice case on their hands.

How to prove negligence in a chiropractic malpractice case

To successfully prove negligence in a chiropractic malpractice case, you must be able to establish these four important elements:

1. Duty of care: This means that the chiropractor owed you a duty of care, which was to provide you with the proper treatment that met the standard level of care.
2. Breach of duty: Prove that the chiropractor failed to meet the standard of care expected in the profession.
3. Causation: Establish that this breach of duty directly caused your injuries or worsening condition.
4. Damages: Demonstrate that you suffered losses such as pain, suffering, lost income, or reduced quality of life.

Additionally, you need to show that a patient-provider relationship existed at the time of the incident.

How important is evidence to a chiropractic malpractice case in Mississippi?

Evidence is very important to a chiropractic malpractice case. This helps support the facts and details of your case, which can help prove your side of the story and obtain the compensation you are owed. One of the most beneficial forms of evidence for a chiropractic malpractice case is testimony provided by expert witnesses.

The reason why these testimonies are so important is that they help the judge or jury understand the different types of treatments and manipulations used by chiropractors and how the chiropractor may have failed to meet the standard level of care, which resulted in your injuries. The following are a few other pieces of evidence that are recommended for chiropractic malpractice cases:

• Eyewitness statements
• Post-manipulation radiographic imaging
• Medical records
• Chiropractor notes and reports
• Invoices, receipts, and bills
• Journal entries

Individuals who suffer complications, pain, injury, or worsening conditions after chiropractic treatment may be eligible to file a chiropractic malpractice claim and recover compensation for their losses. If this sounds like your situation, a medical malpractice attorney from Merkel & Cocke, P.A. can help you gather documents, information, and evidence to support your claim and prove negligence. Your chiropractor will likely put up a strong fight to avoid admitting fault. However, with our help and guidance, you can explore your legal options and find out how to obtain the financial recovery you are entitled to. Please call our office or submit our contact form to schedule a free, no-obligation consultation at one of our Mississippi offices in Jackson, Clarksdale, Greenville, or Oxford today. We work with some of the most skilled experts in the area, which can increase your chances of securing the best outcome possible for your case.