Injured by Chiropractic Treatment in Montana? Here’s What You Need to Know

Although chiropractors are not medical doctors (MDs), most of them have a Doctor of Chiropractic degree. In fact, the state of Montana generally requires chiropractors to hold this degree from an accredited program before they are allowed to practice in our state. Chiropractors are licensed medical professionals with a duty to provide service to patients according to industry standards.

When chiropractors provide service that does not live up to requirements and patients are harmed as a result, they have the ability to seek compensation through a malpractice claim against the chiropractor, just as they would against a surgeon, nurse, dentist, or other healthcare professional who breached the duty of care.

Medical malpractice claims are complex and can be challenging to pursue unless you are extremely familiar with the process and know how to obtain the evidence necessary to succeed with the claim. Claims for malpractice on the part of a chiropractor are even more complicated because of the specialized field of medicine and unique oversight of these cases. It is a good idea to work with a legal team experienced in chiropractic malpractice cases who can review the specific facts of your case and explain the options for relief in that particular situation. Here are some factors to keep in mind.

Understanding Chiropractic Treatment

Chiropractors apply hands-on methods to diagnose, treat, and prevent disorders of the musculoskeletal system. They use physical manipulation techniques referred to as chiropractic adjustment to manipulate the spine and other joints into alignment to improve the functioning of bones, nerves, muscles, ligaments, and tendons. Although this treatment involves moving and adjusting the position of body parts, it is considered non-invasive, unlike surgery. People generally see chiropractors to help reduce or manage pain in the back, neck, and other parts of the body. Some in the medical field consider chiropractic care to be a complement or addition to traditional medical care, while others consider it an alternative to standard medical care.

Although chiropractic care does not involve the use of medicine or surgery, manipulation of the spine can have very serious consequences for patients. Sometimes, they end up experiencing new pain and a decrease in mobility or sensation. When this happens, they may be suffering from chiropractic malpractice. However, it often takes extensive investigation to determine that the cause of injuries or disabilities is negligence on the part of the chiropractor.

If you feel that your chiropractor has made your condition worse rather than better or caused new problems in your body, it is a good idea to get an exam from a medical doctor who can document your condition. After that, you might want to consult a malpractice attorney familiar with chiropractic medicine to learn about your options for obtaining financial compensation to meet your additional medical needs and offset your pain and suffering.

Chiropractic Malpractice

A chiropractor can engage in many different actions that could be considered negligent and lead to liability for malpractice. These include:

• Misdiagnosis of a condition (often resulting from failure to conduct a thorough exam)
• Attempts to treat a condition that requires treatment only a medical doctor can provide
• Use of excessive force during manipulations
• Failure to complete a risk assessment
• Failure to inform a patient of the risks and obtain informed consent before proceeding

The results of chiropractic malpractice can lead to serious harm. For example, if a chiropractor manipulates the vertebrae of the neck incorrectly, the actions can lead to nerve damage, herniated discs, or a stroke.  

The Montana Chiropractic Legal Panel

Before your attorney can present a case for malpractice against a chiropractor in court, the facts must be reviewed by the Montana Chiropractic Legal Panel. This is a group of licensed chiropractors and attorneys established to determine whether lawsuits filed against chiropractors include facts that lead to at least a reasonable inference of malpractice. In other words, this panel looks through the facts as asserted in a pre-trial hearing and determines whether the case has legal merit. If they determine that it does, then it can proceed to be heard with evidence presented in court.

Find Out Whether You May Have a Chiropractic Malpractice Claim

At Ragain & Clark, PC, we’ve been fighting for justice and fair compensation for victims of medical malpractice for decades. We’ve seen the devastation in patients’ lives when medical professionals fail to live up to their obligations. While we can’t restore lost health, we work to obtain compensation to cover the costs of past and future medical needs and to provide a sense of justice and security for the future.

To schedule a free consultation and learn more about your legal options for relief if you’ve been harmed by chiropractic care, call us at 406-651-8888 or contact us online today.