Let a Chiropractic Malpractice Attorney Help You Pursue Compensation
Chiropractic care has become more common in recent years. Not only has awareness increased of the availability of chiropractic services, but success stories of relief provided by chiropractic treatments have increased demand. Just as in any type of healthcare service, certain standards are in place to protect patients. Chiropractors need to treat their patients with the appropriate standard of care to ensure patient well-being. If a chiropractor fails to meet this standard of care, they breach their duty to their patients and can be held responsible for injuries caused by chiropractic malpractice. Due to the chiropractic treatments focusing on the neck and back, injuries from chiropractic malpractice can be critical.
If you or a loved one have been harmed due to chiropractic malpractice, you should pursue appropriate remedies with the help of a Montana chiropractic malpractice lawyer. These claims are complex, and patients benefit from the experience of a law firm that can pursue your recovery to the full extent necessary for you to get the compensation you deserve. Ragain & Clark has decades of experience aggressively advocating for our clients and putting their needs first. You should not delay contacting our Montana or Wyoming offices for a consultation regarding your chiropractic malpractice case.
Requirements for Chiropractors in Montana
The requirements for chiropractors are different from the requirements for doctors and other healthcare providers. Chiropractors in Montana must meet certain licensing requirements to practice. Chiropractors must have a Doctor of Chiropractic Degree from an accredited college, pass the examination regarding statutes and rules of chiropractic practice, pay the required fees to the state, and complete continuing education hours. This is all done to maintain a high standard of care and keep chiropractic practices safe for patients.
At a minimum, chiropractors need to meet the licensing requirements for treating patients. In addition, chiropractors need to adhere to established chiropractic standards of care. Deviations from established chiropractic standards that result in injury to patients can be attributed to chiropractic malpractice and chiropractic can be held liable for the injuries.
Why Patients See Chiropractors Instead of a Doctor
The most common reason people go to see chiropractors is that they are experiencing back pain or tightness. However, chiropractors treat more than just back pain. Some of the most common reasons why people visit chiropractors include the following:
- Lingering sports injuries
- Migraines and tension headaches
- Joint and muscle pain
- Chronic pain
- Chronic injuries
- Muscle stiffness
- Frozen shoulder
- Numbness and tingling
- Chronic fatigue
- Neck pain and stiffness
- Recovery from injuries suffered in accidents such as car accidents or slip and falls
Some patients even go to a chiropractor for relaxation and general wellness. While most chiropractors can provide relief for these injuries and other issues, even the most careful chiropractor can make a mistake. A Montana chiropractic malpractice lawyer can help if you have suffered an injury at the hands of your chiropractor.
When Patients Should Not See a Chiropractor
Serious problems can arise when patients seek treatment from a chiropractor instead of a doctor. Generally speaking, this often results in patients not getting the appropriate treatment. Chiropractors are unable to treat the following issues and injuries:
- Herniated or slipped discs
- Fractures, sprains, or strains
- Physical abnormalities
When chiropractors attempt to address these issues, it can worsen an existing injury or issue or even result in additional injuries. Furthermore, the chiropractor may misdiagnose the problem, resulting in delays in getting the treatment you actually need. The best course of action is to consult with a physician about your condition to discuss whether a chiropractor can help.
Unfortunately, many patients realize that they are injured or have received ineffective treatment only once it is too late. If you believe a chiropractor has harmed you, a Montana chiropractic malpractice lawyer can evaluate your case and determine whether you have a claim.
Injuries From Chiropractic Malpractice or Negligence
Chiropractic treatments can provide relief and improve well-being when administered correctly. However, mistakes and errors are possible as in any type of treatment and can result in injuries both minor and serious. Less severe injuries from chiropractic error may include dizziness, headaches, or numbness, but severe injuries can be catastrophic.
Serious injuries that result from negligent chiropractic spinal manipulations and other chiropractic adjustments include:
- Nerve damage, including pinched nerves
- Broken bones, including broken ribs or fractured vertebrae
- Herniated discs
- Artery dissection and aneurysm
- Chiropractic stroke
Additionally, a patient’s condition they sought treatment for should not become worse after receiving chiropractic treatment. If a condition does worsen, the situation should be analyzed to assess whether the chiropractor was negligent in treating the patient. If there is even a suspicion of negligent chiropractic treatment, the patient should contact a Montana or Wyoming chiropractic malpractice lawyer to evaluate their claim and seek compensation for their injury.
Chiropractic Stroke and Aneurysm
Strokes and aneurysms are very serious and severe medical conditions that can have a long-lasting impact on sufferers or even result in death. Both of these conditions can result from improper chiropractic treatments if there is damage to an artery as a result of neck and spine manipulation. Commonly, an injury to the carotid artery is what leads to a severe outcome such as stroke or aneurysm.
If you or a loved one suffered a stroke or aneurysm shortly after chiropractic treatment, it is worth looking into medical records further and pursuing the appropriate path to recovery. It is possible that the incidences of stroke or aneurysm after chiropractic services are under-reported since many people do not know of this risk of chiropractic adjustment. Your Montana chiropractic malpractice lawyer will review your case, medical records, and circumstances surrounding your injury after your chiropractic appointment.
Claims a Montana Chiropractic Malpractice Lawyer Will Pursue
Most chiropractic malpractice falls into the same types of malpractice. These include:
- Not assessing the risk to a particular patient of specific treatments or adjustments. Some people are predisposed to certain risks of chiropractic treatment because of other conditions they suffer from. A chiropractor should be informed of a new patient’s medical history and conditions before administering any treatment and should use care and discretion before treating any patient at high risk for adverse reactions.
- Not obtaining informed consent from patients. Patients need to be informed of the risks associated with chiropractic treatment and consent to these risks prior to accepting treatment. If a chiropractor does not explain the risk involved with a particular treatment, they can be found liable for malpractice for not having proper consent for treatment.
- Not properly examining and diagnosing a patient prior to chiropractic treatments. Without a proper examination of a patient, medical providers, including chiropractors, cannot evaluate a patient’s condition and determine the appropriate treatment for that patient. If a chiropractor creates a treatment plan that does not adequately assess a patient’s individual needs for chiropractic treatment and the patient is injured through improper treatments, the chiropractor can be liable for the patient’s additional suffering due to chiropractic malpractice.
Regardless of whether the category of chiropractic malpractice is a common one or something else, injury from chiropractic malpractice is too serious to handle on your own. You should consult with an experienced Montana chiropractic malpractice lawyer to discuss your case and your rights.
Litigating a Chiropractic Malpractice Case
When a chiropractor neglects the necessary standard of care in treating patients and patient injuries occur, the chiropractor needs to be held liable for the harm to their patients. As in any medical malpractice case, there are certain elements of the case that must be present in order to bring the case and prevail. Ragain & Clark has over forty years of trial experience and experience in malpractice and wrongful death cases in Montana and Wyoming.
Frequently Asked Questions
Do chiropractic malpractice lawyers work on a contingency fee basis?
Yes, chiropractic malpractice lawyers work on a contingency fee basis, which means that the lawyer is paid a portion of any compensation they recover on your behalf. When you work with a Montana chiropractic malpractice lawyer from our firm, you pay no legal fees unless we win.
How do I know if I have a chiropractic malpractice claim?
Determining whether you have a claim is very difficult for non-lawyers. Chiropractic malpractice claims involve a complex analysis of the facts and circumstances of your case and the potential legal issues. Therefore, before you decide whether or not you may have a claim, we strongly recommend that you consult with an experienced Montana chiropractic malpractice lawyer.
How do I know whether it’s worth pursuing a claim against my chiropractor?
An experienced chiropractic malpractice lawyer will be able to provide you with an estimate of what your claim may be worth at the initial consultation. In addition, they can provide you with an estimated timeline of how long it will take to pursue your claim and what the outcome may be. This can help you make an informed decision as to whether or not you should pursue your claim.
Contact a Wyoming or Montana Chiropractic Malpractice Lawyer to Discuss Your Case
Chiropractic care is supposed to provide relief, not cause additional suffering. If you are suffering due to chiropractic malpractice, you should discuss your options with a Montana chiropractic malpractice lawyer at Ragain & Clark. Contact us at 406-661-8888 or complete our online form to schedule your consultation. We also have offices located in Wyoming.