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Medical Malpractice

Do You Have a Chiropractic Malpractice Claim?

July 31, 2023

Chiropractors are often overlooked as medical providers, but they can provide treatment that is beneficial to our health. Unfortunately, negligent chiropractors can also cause considerable harm to their patients. If you are experiencing pain or other symptoms following chiropractic treatment, you may have a chiropractic malpractice claim. A knowledgeable chiropractic malpractice lawyer can discuss your case and whether you may be entitled to compensation. 

Symptoms That You Have Suffered as a Result of Chiropractic Malpractice

People often go to the chiropractor when they are in pain, and just like any other form of medical treatment, there is no guarantee that your treatment will be successful. As a result, it can be difficult to determine whether your chiropractor committed malpractice. You may want to seek medical attention if you are experiencing any of the following symptoms: 

  • New or increased pain
  • Loss of mobility
  • Tingling in extremities or loss of sensation
  • Dizziness
  • Lingering or increasing stiffness or soreness

That said, symptoms can sometimes be misleading, especially when you have a preexisting injury or condition. The best thing to do is to listen to your body. If you think you have been injured by your chiropractor, seek medical attention immediately. Then you may want to consider contacting a chiropractic malpractice lawyer to discuss whether you have a claim. 

How Chiropractic Malpractice Happens

Chiropractic malpractice can arise in a variety of ways and contexts. To determine whether you have a claim, it is helpful to understand what chiropractic malpractice is and how it happens. 

Similar to medical malpractice, chiropractic malpractice occurs when a chiropractor fails to provide treatment that conforms to the established standard of care. The standard of care is determined by identifying what a chiropractor with the same amount of education, training, and experience would do in the same or very similar case. As a result, the standard of care can vary widely from case to case. This is one of the reasons why it is important to contact a chiropractic malpractice lawyer – they can assess whether your treatment was simply unsuccessful or whether it failed to meet the standard of care. 

The standard of care analysis applies to every aspect of what a chiropractor does. Chiropractic malpractice typically arises in one of the following contexts. 

Failure to Conduct a Thorough Examination and Misdiagnosis

A chiropractor must first conduct a thorough examination in order to determine the appropriate treatment. Unfortunately, they may ignore symptoms, talk over their patients, or simply not listen to what their patients are telling them. This can lead to a misdiagnosis, which can result in harm to the patient when they perform the incorrect procedures. That said, chiropractors can also misdiagnose a patient’s condition even after making a thorough examination. If a chiropractor with the same training and experience would have made the proper diagnosis in the same case, it is likely that your chiropractor has committed malpractice. Unfortunately, making this determination without a chiropractic malpractice lawyer can be extremely difficult. 

Chiropractic Negligence

 Chiropractic treatment typically involves manually adjusting or manipulating the patient’s body. When chiropractors use too much force or perform an adjustment incorrectly, it can result in significant harm to the patient. For example, negligent manipulation of the patient’s neck can result in a stroke. It can also cause nerve damage, herniated discs, broken ribs, and other problems. If you have suffered an injury at the hands of your chiropractor, you likely have a claim for chiropractic malpractice. A chiropractic malpractice attorney can evaluate your case and help you understand your options. 

Failure to Assess Risks and Obtain Informed Consent

Chiropractors must assess the specific risks that each patient faces, as some patients face greater risks than others when undergoing chiropractic treatment. For example, chiropractors should take special consideration when their patients are elderly or pregnant – certain treatments or adjustments may not be appropriate for them. 

From there, the chiropractor must discuss the treatment with the patient, explaining any known risks and potential side effects. The goal is for the patient to have enough information to provide their informed consent. Failure to obtain the patient’s informed consent could constitute chiropractic malpractice. If you believe that your chiropractor failed to disclose specific risks or side effects, we recommend that you contact a chiropractic malpractice lawyer as soon as possible. 

Speak with a Chiropractic Malpractice Lawyer at Ragain & Clark

At Ragain & Clark, we have decades of experience in helping people who have been injured by their chiropractors in both Montana and Wyoming. To discuss your case and whether you have a claim, contact us today at 307-388-6400 (Worland) or 406-651-8888 (Billings) to schedule your free, no-obligation consultation.


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