QUESTION
What can I do of my chiropractor injured my back more than it already was? How?
Asked on Jun 16th, 2015 on Personal Injury - Alabama
More details to this question:
I was having stiffness in my lower back so I went to see a chiropractor on Sat. The first man I saw was great left with no pain at all I was not even stiff. Went back on Tuesday and saw him and everything was great left no pain at all .Had another appointment on Thurs. My first doctor was not in he was stuck at his other office, so another doctor asked me if I wanted him to adjust me I said that would be fine. I left out of there in so much pain I could not drive all the way to my regular doctor without having to stop and get out of the car. He had to give me a shot and all kinds of medications just so I can get through the pain. I have to go back today to my family doctor to get more Xrays done to see what is going on I have been in pain for 4 days now and out of work. I could work before this happen.
10 ANSWERS
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Well, first things first. You have to find out what this chiro did to you and what it's going to take to recover. These cases take hundreds of hours of attorney time and tens of thousands of dollars in expenses, so it's cost-prohibitive unless there are catastrophic injuries.
Answered on Jul 28th, 2015 at 1:17 PM
Whether or not the chiropractor caused any structural damage to your back is the key question for an answer has to be determined by a medical doctor. If the pain is muscle strain or sprain, then the value of the value will likely not rise to the level warranting any legal action. If there was damage done to structures, such as vertebrae, confirmed by a medical doctor (and not pre-existing the chiropractor's treatment), then you may have a claim. Consult an attorney about your circumstances for a review of the details.
Answered on Jul 28th, 2015 at 1:17 PM
Edwin K. Niles
Of course you can sue. However (thanks to the doctor lobby) Med (and Dental) Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report(up to $5,000). Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesn't think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal; your local bar association may be able to refer you to one.
Answered on Jul 28th, 2015 at 1:17 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You cannot sue the chiropractor unless you can get another chiropractor to testify that the chiro deviated from the standard of care in your treatment and that caused you injury.....or if you already were making a claim, Florida law is clear that the original tortfeasor (person who caused the accident) is responsible for all damages, including the damages supposedly caused by malpractice.
Answered on Jul 28th, 2015 at 1:17 PM
Ronald A. Steinberg
If you can find a chiropractor who will testify that the second chiropractor did something which "deviated from the standard of practice," then you can sue.
Answered on Jul 28th, 2015 at 1:17 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Chiropractic manipulation can cause injury but it will be difficult to prove.
Answered on Jul 28th, 2015 at 1:16 PM
James Eugene Hasser
It is going to be difficult, if not impossible, to separate your pre-existing back problem and the damage done by the chiro. At this point, I'm not sure about the full extent of damage done either. That will be important to know to get an idea of the potential value of your claim so it can be compared to the potential cost of pursuing to make sure it is an economically feasible venture. Consider consulting an experienced medical malpractice lawyer.
Answered on Jul 28th, 2015 at 1:16 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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You need to edit your post. Chiropractors aren't allowed to give shots. You didn't say that "another doctor" did anything to you.
Answered on Jul 28th, 2015 at 1:16 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The basic principle is to preserve all evidence and consult an experienced personal injury lawyer. Not every bad result of services provided by a health care professional is the result of malpractice. The test is (a) did the defendant owe the plaintiff a duty? (b) Did he or she breach that duty? (c) Was the breach a direct and proximate cause of identifiable harm? and then (d) what damages did the patient (=plaintiff) suffer? All of this must be proven in courtand the path to court sometimes leads to settlements. See a skilled lawyer. Let him or her gather the medical charts, consult experts, and so on. Such a lawyer can also ferret out grounds for damages with which a lay person is not usually familiar.
Answered on Jul 28th, 2015 at 1:16 PM
You first need to find out what is causing your back pain before you can determine if the second D.C. hurt you. ?Frankly, all chiropractors do is give physical therapy so it is unlikely either one did anything of a permanent nature as to your back. ?If you felt no pain, why did you go back for more treatmentsome baloney that they were going to move parts of your spine [they don't, and if they could, then many people would be injured by them since using your hands to "move" bone is not a very accurate method of treatment].
Answered on Jul 28th, 2015 at 1:16 PM