Rochester Medical Malpractice and Personal Injury Lawyer Blog
Chiropractic care has become increasingly popular in recent years as an alternative to traditional medical treatments. While many chiropractors provide excellent care to their patients, there are instances where their actions can cause harm. Chiropractic malpractice occurs when a chiropractor fails to provide the appropriate standard of care, resulting in injury or harm to the patient. However, a chiropractor’s negligence could lead to serious injuries or even wrongful death. If you have suffered an injury due to chiropractor malpractice, the lawyers at DeFrancisco & Falgiatano are here for you. We help clients throughout the Upstate New York area with offices in multiple convenient locations. Our extensive experience in the medical malpractice field is reflected in the results we have achieved for our clients.
Millions of people see a chiropractor every year for help treating chronic conditions. Like all healthcare providers, chiropractors are obligated to adhere to the accepted standards of care within the medical community. Their failure to do so can result in liability for any injuries that are sustained as a result. The chiropractic profession has its own standard of care, which holds chiropractors responsible for injuries at a higher level than a non-chiropractor. The standard of care does require competency in the field. The standard of care looks at the chiropractor’s knowledge at the time of treatment. For example, if you have osteoporosis and do not tell your chiropractor, you cannot hold the chiropractor responsible for injuries resulting from the treatment.
Chiropractic misdiagnosis occurs when a chiropractor fails to correctly identify a patient’s condition or misinterprets the symptoms, leading to an incorrect diagnosis. This can result in ineffective or harmful treatment, as the chiropractor may be treating a condition that the patient does not have or may not be addressing the underlying issue. Misdiagnosis can occur for a variety of reasons, including a lack of training, inadequate patient history, or misinterpretation of imaging tests. The consequences of misdiagnosis can be serious for patients. They may receive unnecessary or inappropriate treatments for their condition, which can lead to prolonged pain, disability, and even further harm. In some cases, misdiagnosis can be life-threatening. If chiropractic treatment was provided for a headache when a patient actually had peripheral artery disease and should have been referred to a medical specialist, and he died as a result of a heart attack during treatment, there may be chiropractic malpractice and wrongful death claim.
Nerve and vascular damage is a potential risk associated with certain chiropractic techniques, particularly spinal manipulation or adjustment. If the procedure is not performed correctly or if excessive force is applied, it can cause nerve or vascular damage. Occasionally, a chiropractor’s manipulation of the neck will cause damage to one of the arteries that carry blood to the brain. This can cause a stroke. There have been hundreds of cases of strokes that have occurred after aggressive chiropractic manipulation of the neck. Experts believe this is an underestimate because few doctors think to ask a stroke victim if he is receiving chiropractic treatment.
Informed consent is an important aspect of any medical or healthcare treatment, including chiropractic care. Informed consent means that the patient has been fully informed about the risks and benefits of the treatment they are about to undergo, as well as any alternative treatments or procedures that may be available. Unfortunately, we have found that chiropractors often fail to discuss these risks with their patients before adjusting. Failure to obtain informed consent can be a basis for a malpractice claim against the chiropractor if a patient is injured or harmed as a result of the treatment, that they were not fully informed about on the front end.
If you have been harmed by a chiropractor, you should talk to an experienced Syracuse area chiropractic malpractice attorney. Generally, a lawsuit for personal injuries needs to be filed within 2½ years from the date when your cause of action accrued. If you fail to file your case within the statute of limitations, you will be barred from bringing a lawsuit. The statute of limitations starts to run when your injury has been discovered or at the time by which it should have been discovered. The damages that you may be able to recover include both economic and non-economic losses. Economic losses are tangible losses and often are documented. They may include past and future wage loss, household services, past and future medical bills, and out-of-pocket expenses. Non-economic losses are intangible losses that the jury believes would naturally flow from the kinds of injuries suffered. They may include pain and suffering, loss of enjoyment, and loss of consortium.
If you have suffered harm as a result of chiropractic malpractice, our law firm may be able to help you recover damages from the responsible parties. DeFrancisco & Falgiatano represent injured clients and their families throughout Upstate New York, including Syracuse, Rochester, Albany, Elmira, Binghamton, Auburn, Ithaca, Oswego, Norwich, Herkimer, Delhi, Cooperstown, Cortland, Lowville, Oneida, Watertown, Utica, Canandaigua, Wampsville, Lyons, and surrounding areas. Please call us at 833-200-2000 or contact us via our online form to discuss your case.
