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Can I Sue a Chiropractor for Medical Malpractice?

Posted by David Nemeroff | Oct 28, 2013 | 0 Comments

A chiropractor is a type of medical professional that works on the diagnosis and treatment of neuromuscular disorders, with emphasis on treatment through manual adjustment or manipulation of the spine. While most chiropractors work to reduce pain and improve the functionality of their patients in order to re-establish normal spinal mobility, chiropractors will refer patents to medical doctors or other practitioners when appropriate.

Chiropractic malpractice happens when a chiropractor fails to follow the accepted standard of care, which results in an injury to the patient. Chiropractors are held to the same standard of care as any reasonable chiropractor under the same circumstances. However, should a chiropractor's work cross over into another specialty, such as a medical doctor, then the chiropractor will be held to the same standard of care of a doctor in that field.

Proving chiropractor malpractice works the same way as proving medical malpractice. In order to prove chiropractor malpractice, you will need to show that the chiropractor owed a duty of care to you. Any chiropractor that accepted you as a patient owes a reasonable duty of care to you. Next, you will need to show that a chiropractor breached that duty and fell below the standard of care. Typically, another chiropractor will act as an expert witness in your claim in order to demonstrate this breach of duty.

You will then need to show that your chiropractor's breach in duty caused you injury. If your chiropractor's actions were not the direct cause, you probably won't be able to recover damages.

Chiropractor malpractice can occur for several reasons. A chiropractor can fail to diagnose a patient because he or she did not collect enough information regarding the condition. Likewise, a misdiagnosis can occur when a chiropractor reads test results wrong. Also, a chiropractor may not inform a patient of the risks associated with a procedure or disclose the general usefulness of a procedure. Finally, negligent treatment or a poor choice of treatment can aggravate an existing injury, or can cause a new one. Also, if a chiropractor conns with treatment after a patient asks to stop, the chiropractor can be held liable for an injury.

Chiropractic malpractice is serious and can result in lasting pain and injury. For more information regarding your rights following a chiropractic injury, contact the experienced Chicago medical malpractice attorneys from Nemeroff Law Offices – 312-629-8800.

About the Author

David Nemeroff

In January 2012, David Nemeroff was voted one of the Top 100 Lawyers in the entire state of Illinois (out of 83,000 lawyers) by Super Lawyers Magazine...

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