Can a Chiropractor Be Sued for Medical Malpractice?

Like any type of medical procedure, a patient expects a certain quality of care from a chiropractor. When a chiropractor fails to provide the patient with the accepted standard of care within the profession and causes a personal injury or wrongful death, they open themselves up to a potential medical malpractice claim.

The Risk of Stroke from Chiropractic Manipulation

Some people choose to visit a chiropractor for a quick adjustment when their necks and backs are sore, but if performed incorrectly, this can cause serious injuries. In August of 2014, the American Heart Association released a scientific statement that indicated neck adjustments by a chiropractor or osteopathic physician can possibly lead to associated health problems and complications including the possibility of a stroke.

Although there are no real statistics on how many chiropractic malpractice cases have been filed in the United States, everyone needs to assess the risks involved in neck adjustments before consenting to this procedure. There is always the risk of enduring an injury such as the one involving a 25-year-old Dallas man (with no prior history of any medical conditions) who woke up one morning with a stiff neck. He visited his chiropractor on two occasions for a neck adjustment during which time the chiropractor cracked the man’s neck and left him barely able to move. When the office staff tried to stand him up, he fell down and began vomiting.

After the staff placed the man in his car, he remained there for over four hours before painfully managing to drive himself home. The next day he went to the hospital after suffering from headaches and vomiting the night before. It was then that doctors discovered the procedure had severed his vertebral artery, leading to three strokes which kept him hospitalized for over two weeks and confined to bed for another two months.

Informed Consent

The state of Texas requires all health care professionals to provide care based on the informed consent by the patient, and further states that a provider can be liable for his or her failure to inform the patient about any risks that are involved in a proposed treatment. This means that a chiropractor can open the door to a potential malpractice lawsuit through the seemingly simple act of omission.

If you feel you have been injured as the result of a chiropractic procedure, our personal injury lawyers can help you assess the situation and decide on the best course of action. If you would like a free consultation, call our attorneys today at 1-800-ATTORNEY.