Full Answer
What is the average settlement for a chiropractic malpractice lawsuit?
The malpractice action against the chiropractor was settled quickly for policy limits of $1 million. 2015, Florida: $100,000 Verdict. A female minor with severe scoliosis is receiving chiropractic treatment administered by the defendant and suffers extreme curvature of the spine, compromised thoracic, and lung capacity.
What was the verdict in the chiropractic injury case?
2016, Washington, $6,200,000 Verdict: Plaintiff received regularly chiropractic therapy treatment from the defendant chiropractors following a workplace injury in which the plaintiff struck and injured his head. The plaintiff suffered a chronic subdural bleed and suffered permanent brain damage and cognitive impairment.
What is a negligent chiropractic adjustment?
Most of these cases are negligent manipulation that occurs during the treatment when a chiropractor is making an adjustment to the patient that either creates a new injury or exacerbates an existing one. Negligent chiropractic adjustments can cause herniated discs, neck injuries, nerve damage, and other injuries.
Are there any claims made against chiropractors?
That said, there are sometimes significant claims made against chiropractors. Because they do not have the halo effect that doctors have with juries, there is a very level playing field for plaintiffs filing suit against them. Stunningly, chiropractors are trusted less in most communities than lawyers (but ahead of Congress, of course).
How Much Is a Chiropractor Malpractice Claim Worth?
The trial or settlement value of a chiropractor malpractice claim depends, of course, on the injuries and how strong the liability case is, just like any other malpractice claim. Below are some sample chiropractor malpractice settlements and verdicts. Keep in mind that these are the verdicts in these cases. Sample verdicts and settlements do not and cannot predict the value of individual cases. Still, they can be a lens, along with other tools, to putting a dollar figure on these claims.
What is a woman's lawsuit against a chiropractor?
A woman files suit against her chiropractor and the chiropractic group claiming that he negligently performed a cervical manipulation causing injury to her neck. Plaintiff, who initially sought treatment for back pain, reported immediate and severe neck pain to her chiropractor after he performed a manipulation.
What happens if a chiropractor makes a wrong adjustment?
Most of these cases are negligent manipulation that occurs during the treatment when a chiropractor is making an adjustment to the patient that either creates a new injury or exacerbates an existing one. Negligent chiropractic adjustments can cause herniated discs, neck injuries, nerve damage, and other injuries.
What are the two types of malpractice lawsuits against chiropractors?
Malpractice lawsuits against chiropractors often fall into one of two categories: (1) failure to diagnose a medical condition that needs immediate care, and (2) harm to the patient from the treatment itself.
What is medical malpractice law?
Medical malpractice law holds chiropractors to the standard of the use of the same degree of care and competence as other ordinary, prudent chiropractors. It is a battle for chiropractors who have a patient who is outside of the garden variety patient.
How to protect yourself from chiropractor malpractice?
There is a way for patients to protect themselves against some risks of chiropractor malpractice: get a medical doctor to evaluate them and bless the work that the chiropractor is doing. So many patients now go just to the chiropractor. It is just not something you should do. End safety alert.]
What does it mean to sue a chiropractor?
What does this mean to you if you are suing a chiropractor? It means you better have a good case that is grounded in good science to have a chance to win.
Why was a chiropractor sued?
Suit was brought against the defendant chiropractor for his failure to property diagnose the plaintiff's condition; failure to determine the nature and severity of the plaintiffs headaches; failure to refer the plaintiff to appropriate specialists for evaluation of her medical condition; and failure to inform the plaintiff of the material risks of performing a cervical adjustment on an otherwise healthy patient.
When did chiropractors perform neck adjustments?
On Aug. 23, 1993 , the defendant chiropractor examined the plaintiff and performed an adjustment on the plaintiff's neck without complication. The plaintiff returned for a repeat neck adjustment on Aug. 27, 1993. The plaintiff lay down on the examining table with the defendant at the plaintiff's head. He lifted the plaintiff's head forward and applied a thrust motion twisting the plaintiff's neck, an acceptable procedure in chiropractic medicine for treatment of headaches. The plaintiff became stuporous, vomited and quickly went unconscious. She sustained a stroke.
What did Kenneth Murkowski testify about chiropractic care?
The plaintiff's chiropractic expert would have testified that the standard of care in chiropractic medicine required the defendant to disclose to the patient the material risk of cervical manipulation. Kenneth Murkowski based his opinion, in part, on the publication, Proceedings of the Mercy Conference presented by the American Chiropractic Association. The published Proceedings required chiropractors to obtain and document the patient's informed consent. Dr. Murkowski was a consultant to the Mercy Conference and the defendant's insurance company was a major sponsor and financial supporter of the proceedings. The defendant admitted he received the publication prior to his August treatment of the plaintiff.
When did the plaintiff get her headaches?
In June 1993, the plaintiff was in a minor motor-vehicle accident. Though she did not tell the defendant, the plaintiff's headaches had increased in severity from the date of the June 1993 accident until she next saw the defendant in August.
Did the defendant tell the plaintiff about cervical adjustment?
The defendant admitted that he did not tell the plaintiff the risks of cervical adjustment nor did he have the plaintiff sign any informed consent form regarding the procedure. The defendant admitted that he did not refer the patient to any specialist nor did he perform tests to measure vertebral artery insufficiency.
Are Chiropractic Treatments Covered By Auto Accident Settlements?
Car accident settlements help injured victims recover damages, such as medical expenses, loss of wages, pain and suffering, and emotional distress. They can even cover long-term treatments such as rehabilitation therapy and visits to the chiropractor.
Chiropractors Can Help Your Personal Injury Case
Chiropractors can help patients who experience various injuries fully recover and get back to themselves and their daily lives again. Often injuries from car accidents can result in long-term pain and discomfort that only a chiropractor can help with.
Proving the Necessity of Chiropractic Treatments
In many cases, your attorney can help you negotiate a settlement with the insurance company using the medical documents you have gathered—rarely do these cases go in front of a jury. However, if the insurer continues to refuse coverage for the chiropractic treatments, taking the case to court may be necessary.
What to do if a chiropractor offers to help you with an insurance claim?
If a chiropractor offers to “help” you with an insurance claim, get up and leave his office immediately , because he’s a crook. Chiropractors should not tell you that you will need “x” number of treatments in order to get better.
What is a chiropractor?
A chiropractor is a medical professional. Doctors don’t get involved in legal or insurance settlements. Even if they offered to, or wanted to, they are not competent to do so. If help is needed to obtain a fair settlement, a lawyer will provide that help. 1.8K views.
What is a serious injury in New York?
In New York, a person who seeks compensation for personal injuries arising from an automobile accident must sustain a “serious injury.”. What constitutes a serious injury is defined, in classically ambiguous language, by section 5102 (d) of the Insurance Law.
What is chiropractic non-invasive treatment?
A chiropractic non-invasive treatment is a right treatment for those who are severely injured in auto accidents and looking for surgical free treatments. Call us today at 916-781-2600 for your free consultation. 32 views. Sponsored by Yale. Deliver better patient care with this online program.
How long does it take for a whiplash injury to heal?
Frankly, most of the time a whiplash or other soft tissue injury will heal within 6–8 week, with or without treatment. Treatment may make you feel better, but will not speed healing. If your injury is more severe, then see an orthopedic physician, not a chiropractor.
Is chiropractic a natural treatment?
Chiropractics is a natural treatment method to cure body problems. With drugs, one may only get a temporary or short term benefit, but chiropractic is a proven method to have a long term health benefit. It is therefore, recommended by many doctors and surgeons.
Can a chiropractor help with a car accident?
Yes, a chiropractor help you with settlement after the car accident. Car Accident Chiropractors are the health professionals who can help you to alleviate sciatica pain, neck pain, lower back pain, muscle soreness, headaches and other condition after auto accidents.
How Much Does Chiropractic Care Cost?
Like most medical care, the expense for chiropractic care depends on many factors, e.g., what treatment is necessary, special procedures and/or tests (MRIs, x-rays, etc.), length of recovery. However, there are some factors injured drivers will want to consider:
Is it legal to determine the cost of ongoing care?
No matter how one goes about it, determining the cost of ongoing care and attempting to acquire adequate compensation from an insurance company is a complex legal task. Any individuals attempting to do this task or one similar to it would most likely benefit from the assistance of an experienced legal professional.
Do you need chiropractic care for a driver?
Injured drivers may require chiropractic treatment before and after a settlement with the insurance company is reached, which can make determining full and fair compensation a challenge and can result in injured drivers accumulating significant medical expenses.
Is chiropractic care expensive?
Ongoing care and follow-up treatments can be expensive, and those expenses can accumulate quickly. Individuals who have been through a serious car accident most likely have many important issues to take care of, so how can they go about taking care of the costs of chiropractic and on-going care?
Does insurance pay for chiropractic care?
In most cases, either the patient or the insurance company will pay for chiropractic care after an accident. In order to have chiropractic expenses covered by an insurance company, drivers will need to prove that the chiropractic care was necessary medical care.
Difference Between Medical Bills and Medical Liens
A medical bill is simply a statement of charges for medical services. A medical lien, also called a hospital lien, is a legal guarantee of payment to a healthcare provider for their services.
Be Prepared for Settlement Liens
Tackle any potential medical liens before settling your claim. Good communication can go a long way in your negotiations with medical providers. They would rather get a reduced amount to pay off the bill than spend the difference on collection efforts.
Negotiating Medical Bill Reductions
Outstanding medical bills must be paid, even if you don’t end up settling your personal injury claim. Or you may have to settle for less than the value of your claim, such as when the at-fault driver’s auto insurance has low policy limits and there’s not enough to pay all your bills.
Negotiating Health Insurance Liens
Medical liens from your private health care insurance, Medicare, Medicaid, or the VA only have to be paid if you settle your injury claim or win an award in court. Here, the goal is to negotiate a reduction to the lien so you get to keep more of the injury compensation.
Attorneys are Skilled Negotiators
Medical liens can cost thousands of dollars that you didn’t expect to pay. Even if you’ve already settled your injury claim, you might be better off with an attorney managing your medical liens.
Negotiating Medical Bills and Liens Questions
Two bones in my right leg were broken as a result of a trauma fracture in a car accident due to the other driver’s negligence….
