At Shafran & Rock, we understand how devastating it can be when a chiropractic treatment meant to relieve pain results in serious injury instead. Chiropractors are trusted to manipulate the spine, neck, and joints with care, but when mistakes are made, patients may suffer lasting harm. If you believe a chiropractor caused your injury in Kingston or anywhere in New York, proving malpractice is the key to securing the compensation you deserve. Our chiropractic malpractice attorneys know what evidence is needed and how to build a strong case.
What Is Chiropractic Malpractice?
Chiropractic malpractice occurs when a chiropractor provides treatment that falls below the accepted standard of care and a patient suffers harm as a result. The standard of care refers to the skill and caution a reasonably competent chiropractor would use under similar circumstances. If a chiropractor fails to meet that standard, and their actions or omissions directly cause injury, the patient may have a valid malpractice claim.
Examples of malpractice may include improper spinal adjustments, failure to diagnose underlying medical conditions, using excessive force, or failing to refer a patient to a physician when symptoms indicate a more serious issue. In New York, chiropractic malpractice is treated as a form of medical malpractice, which means specific legal rules apply to proving fault and recovering damages.
Establishing the Standard of Care
The first step in proving chiropractic malpractice is showing what the standard of care should have been. This typically requires testimony from medical experts who are familiar with chiropractic practices. These experts explain to the court or jury what a competent chiropractor should have done under the same circumstances.
For example, if a patient had symptoms of a herniated disc that required careful evaluation before spinal manipulation, an expert may testify that a reasonable chiropractor would have ordered imaging tests or referred the patient to a physician. If the chiropractor failed to take these precautions and caused additional injury, that failure could be considered malpractice.
Linking the Chiropractor’s Actions to the Injury
Once the standard of care is established, the next step is showing that the chiropractor’s actions or failure to act directly caused the injury. This is known as causation. In malpractice cases, causation is often the most challenging element to prove, especially when patients already had pre-existing conditions.
Our attorneys at Shafran & Rock work with medical experts to demonstrate how the chiropractor’s negligence led to specific harm. For instance, if a patient suffered nerve damage after an aggressive spinal adjustment, expert testimony may show that the adjustment was performed incorrectly and that the injury would not have occurred otherwise.
Common Injuries Linked to Chiropractic Malpractice
Chiropractic treatments can cause a wide range of injuries when performed improperly. Some of the most common include:
- Nerve damage: Misaligned spinal manipulations can pinch or damage nerves, leading to chronic pain, weakness, or numbness.
- Herniated discs: Improper pressure during adjustments can worsen existing disc problems or create new ones.
- Fractures: Excessive force may cause fractures, especially in patients with osteoporosis or other bone conditions.
- Strokes: Neck manipulations can sometimes damage arteries, leading to blood clots or strokes.
Documenting these injuries through medical records, imaging scans, and expert evaluations is critical for proving that a chiropractor’s treatment caused the harm.
Gathering Evidence for a Malpractice Claim
Building a strong chiropractic malpractice case requires comprehensive evidence. Patients should collect medical records from both the chiropractor and any subsequent treatment providers, as these documents can show the progression of the injury. Witness statements from family members or others who observed the patient’s condition before and after treatment can also be useful.
We also rely on expert witnesses who can connect the dots between the chiropractor’s actions and the injury. In many cases, these experts play the most important role in proving malpractice. At Shafran & Rock, we have access to medical professionals who understand chiropractic procedures and can provide compelling testimony in court.
Overcoming Challenges in Chiropractic Malpractice Cases
One of the biggest challenges in chiropractic malpractice cases is the defense that the patient’s injuries were pre-existing or would have occurred regardless of treatment. Insurance companies often argue that back and neck conditions are common and that the chiropractor should not be blamed. Our job is to present medical evidence that clearly shows the difference between a pre-existing condition and new or worsened harm caused by negligent care.
We also anticipate attempts by the defense to downplay the severity of injuries. By documenting the impact of the injury on your ability to work, perform daily activities, and enjoy life, we make sure the full scope of your damages is recognized.
Damages Available in a Chiropractic Malpractice Case
If you prove that a chiropractor caused your injury, you may be entitled to compensation for both economic and non-economic damages. These may include:
- Medical expenses for hospitalization, surgery, rehabilitation, and ongoing care.
- Lost wages if your injury prevents you from working or reduces your future earning capacity.
- Pain and suffering for the physical pain and emotional distress caused by the malpractice.
- Loss of quality of life if the injury permanently affects your ability to enjoy hobbies, activities, or family life.
Our attorneys fight to ensure that clients receive full and fair compensation for every aspect of their losses.
Contact Shafran & Rock Today for Chiropractic Malpractice Representation
Proving that a chiropractor caused your injury is not easy, but it is possible with the right legal team. At Shafran & Rock, we have extensive experience holding negligent medical professionals accountable in Kingston and across New York. We know how to work with experts, gather compelling evidence, and present strong arguments in court.
If you believe a chiropractic adjustment or treatment left you injured, you do not have to face the legal process alone. Contact us today to speak with our chiropractic malpractice attorneys and learn how we can help protect your rights and secure the compensation you deserve.
