Chiropractors, although not medical doctors, may still be sued for injuries a patient suffers at their hands. In most jurisdictions, negligence or liability lawsuits that are filed against chiropractors are no different than ones filed against physicians. They all are classified as falling into a category referred to as medical malpractice.
While they perhaps occur a lot less frequently than other types of malpractice cases, instances of chiropractor negligence can be just as serious.
One recent, widely publicized case resulted in a 34-year-old model’s death. She had suffered an injury to her neck while working on a photo shoot and had gone for chiropractic treatment. The chiropractor performed an adjustment on her which resulted in the artery in her neck being pinched. Days later, she had a stroke and died.
Chiropractor negligence cases work much like any other medical malpractice case. You, as the victim, must be able to prove that the doctor treating you failed to provide you with the same degree of care that another doctor would have offered you. You also must be able to show that by not offering that same standard of care, the doctor left you open to suffering the injuries you ultimately did.
Therefore, the key in this scenario is to show that the doctor or chiropractor engaged in some type of behavior incongruent with what an average one otherwise would have.
Each jurisdiction has its own time frame within which a medical malpractice lawsuit must be filed. Generally victims or their families are given, at the bare minimum, one year to file their claims. Some time frames begin to toll from the date of the injury, whereas in other cases, they start on the date discovery is requested.
When filing such a lawsuit, different jurisdictions also have different notification requirements. In some cases, it may not only be necessary to notify the physician or chiropractor of your intent to file a malpractice lawsuit, but the respective hospital as well.
In discussing your case with a Chicago medical malpractice attorney, he or she can evaluate the merits of your claim and advise you of the statute of limitations applicable in your case.
Source: FindLaw, “When to sue a chiropractor for injury,” accessed Sep. 15, 2017