Chiropractic care is a popular treatment option for back pain and other musculoskeletal issues. While many patients find relief through spinal adjustments and other chiropractic techniques, there are instances where treatment may worsen a patient’s condition. If you’ve experienced worsened back pain after visiting a chiropractor in New York, you may wonder if you can hold them liable for the harm caused. Understanding the legal framework for chiropractic malpractice is essential to determining whether you have a case.
What Is Chiropractic Malpractice?
Chiropractic malpractice occurs when a chiropractor fails to meet the standard of care expected in their profession, leading to injury or harm to the patient. The standard of care refers to the level of skill, competence, and treatment reasonably expected of a chiropractor under similar circumstances.
To hold a chiropractor liable for worsened back pain or other injuries, the following elements must typically be proven:
- Duty of Care: The chiropractor owed a duty to provide competent and appropriate treatment.
- Breach of Duty: The chiropractor failed to meet the standard of care, either through negligence or improper practices.
- Causation: The breach directly caused or exacerbated the patient’s back pain or other injuries.
- Damages: The patient suffered measurable harm, such as increased pain, medical expenses, or lost income.
In New York, chiropractic malpractice is treated as a form of medical malpractice, and similar legal standards apply.
Examples of Chiropractic Negligence
Several scenarios can lead to worsened back pain or injuries resulting from chiropractic treatment. Common examples of chiropractic negligence include:
- Improper Spinal Adjustments: Aggressive or inappropriate manipulation of the spine can cause nerve damage, herniated discs, or fractures.
- Failure to Diagnose Underlying Conditions: Chiropractors are not medical doctors, but they have a responsibility to recognize signs of serious conditions, such as fractures, infections, or tumors, and refer patients to appropriate specialists.
- Lack of Informed Consent: Chiropractors must inform patients about the risks associated with treatment. If a patient suffers harm without being adequately warned, it may constitute malpractice.
- Exceeding Scope of Practice: Chiropractors must adhere to their professional scope and not attempt treatments beyond their training or qualifications.
These instances can result in worsened back pain or even new injuries that significantly impact a patient’s quality of life.
How Do You Prove Causation in a Malpractice Case?
Proving that a chiropractor’s actions directly caused your worsened back pain is often one of the most challenging aspects of a malpractice case. This requires gathering evidence to demonstrate that the injury would not have occurred if the chiropractor had met the standard of care. Key steps include:
1. Obtain Medical Records
Your medical records before and after chiropractic treatment can help establish a timeline of your condition and highlight changes caused by the chiropractor’s actions.
2. Seek Expert Testimony
Medical experts, including other chiropractors, can evaluate your case and testify about whether the treatment provided fell below the accepted standard of care. Their insights are crucial for establishing negligence and causation.
3. Document Your Experience
Keep a detailed record of your symptoms, treatments, and any conversations with the chiropractor. This documentation can serve as evidence to support your claim.
4. Demonstrate Damages
You must show that the worsened back pain caused tangible harm, such as additional medical expenses, time off work, or a diminished ability to perform daily activities.
Statute of Limitations for Chiropractic Malpractice in New York
In New York, the statute of limitations for medical malpractice, including chiropractic malpractice, is generally two and a half years from the date of the injury or the last treatment provided by the chiropractor. However, exceptions may apply in certain cases, such as when the injury is not immediately apparent. It’s essential to act quickly to protect your rights and avoid missing the filing deadline.
What Compensation Can You Seek?
If you successfully prove malpractice, you may be entitled to compensation for the following damages:
- Medical Expenses: Costs for treating the worsened condition or any new injuries caused by the chiropractor.
- Lost Income: Wages lost due to the inability to work during recovery.
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
- Future Expenses: Costs for ongoing treatment or long-term care resulting from the malpractice.
The amount of compensation will depend on the severity of your injuries and the impact on your life.
How Can an Attorney Help?
Chiropractic malpractice cases are complex and require a thorough understanding of both medical and legal issues. An experienced malpractice attorney can help by:
- Investigating the circumstances of your case and gathering evidence.
- Consulting with medical experts to establish negligence and causation.
- Negotiating with insurance companies or the chiropractor’s legal team to secure fair compensation.
- Representing you in court if a settlement cannot be reached.
With professional legal representation, you can focus on your recovery while your attorney works to protect your rights and hold the responsible party accountable.
Call Shafran & Rock Today for Your Chiropractic Malpractice Case
Chiropractic care is meant to alleviate pain and improve well-being, but when negligence occurs, the consequences can be devastating. If you’ve experienced worsened back pain after chiropractic treatment in New York, you may have grounds for a malpractice claim. Taking prompt action and seeking legal advice is critical to protecting your rights and pursuing compensation.
At Shafran & Rock, our experienced attorneys are here to help you navigate the complexities of chiropractic malpractice cases. Contact us today for a consultation and take the first step toward holding negligent practitioners accountable.