Chiropractic Malpractice

A chiropractor is a health care professional who diagnoses and treats neuromuscular disorders, particularly by manually adjusting the spine. Generally, chiropractors believe that biomechanical problems with the spine can affect the nervous system and that chiropractic treatment can improve the spine's structural integrity and reduce pressure on neurological tissue. The goal of most chiropractors is to reduce pain in their patients and teach them how to go about handling and preventing back pain through ergonomics and exercise. If you are injured as a result of chiropractic malpractice, however, you should consult the Syracuse chiropractic malpractice lawyers at DeFrancisco & Falgiatano.

Chiropractors perform adjustments, spinal manipulations, electromyography, lab diagnostics, and acupuncture. They are licensed by the state and need to have at least 4,200 hours of education or training.

Chiropractic malpractice happens if you were injured because a chiropractor deviated from the accepted standards and practices of chiropractors. The deviation could relate to the diagnosis of the problem. It could also relate to the way that a particular procedure is performed. It could also involve a chiropractor's failure to inform you about a particular risk that, had you known about the risk, would have stopped you from having the procedure done.

Failing to properly diagnose a problem can result in serious injuries or a worsening of a condition. For example, 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 a chiropractic malpractice and wrongful death claim. For another example, if you were given back manipulations in response to a set of symptoms, and it turned out that you had a ruptured disc that was worsened by the manipulations, a chiropractic malpractice attorney in the Syracuse area may be able to help you bring a claim.

Like all health care providers, chiropractors are supposed to obtain informed consent from a patient. If, for example, you suffer from back pain, and you receive chiropractic manipulations, but later you start to feel radiating pain, and this is a possible complication of the manipulations, although you were not told of this risk, you may have a basis for a failure to obtain informed consent lawsuit.

Sometimes a chiropractor's treatment worsens the injuries. For example, a chiropractor's manipulation could make a herniated disc worse. Similarly, a particular manipulation might cause nerve damage or a pinched nerve. In this case, you also may have a basis to file a chiropractic malpractice lawsuit.

If you have been harmed by a chiropractor, you should talk to an experienced Syracuse 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 noneconomic 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. For example, if chiropractic malpractice worsens a herniated disc, you may require spine surgery such as a microdiscectomy or a laminectomy. You may be able to recover the cost of surgery or surgeries as an item of economic damages. Noneconomic 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 represents people in communities such as Syracuse, Rochester, Lyons, Ithaca, Cooperstown, Oswego, Canandaigua, Utica, Wampsville, Oneida, Lowville, Watertown, Herkimer, Delhi, Cortland, Norwich, Elmira, Auburn, and Binghamton. Call us at 833-200-2000 or contact us via our online form.