CHICAGO CHIROPRACTOR MALPRACTICE LAWYERS
PRACTICE AREAS
Chiropractic Malpractice Attorney in Chicago, IL
There’s nothing more satisfying than a much-needed joint cracking. This is what millions of Americans expect when they go for chiropractic treatments. Unfortunately, many people are seriously injured by chiropractic manipulation every year. Sustaining an injury caused by someone who’s supposed to treat your health conditions can cause severe physical and mental trauma. If you or a loved one was injured due to a chiropractor’s negligence, call the chiropractor malpractice lawyers at Curcio & Casciato. Recovering from an injury is hard enough on its own. Trying to juggle a lawsuit on top of everything else can cause more stress and harm to your health. Let our dedicated team help you!
The Chicago personal injury attorneys at the Curcio & Casciato are prepared to help you through this difficult time. Call us today at (312) 321-1111 to schedule a free consultation with a Chicago chiropractor malpractice lawyer.
Why Do People Go To a Chiropractor?
While chiropractors can’t prescribe medications, they can treat some health issues through skeletal manipulation, stretching, and massaging. This is called an adjustment. An adjustment can help relieve some forms of pain and promote healing after a Chicago motor vehicle crash or other accident.
People often choose to go to a chiropractor for all sorts of ailments, including:
- Back and neck pain
- Sciatic nerve pain
- Herniated discs
- Joint pain
- Posture improvement
- Improve flexibility
- Improve range of motion
- Decrease headaches
- Relieve discomfort during pregnancy
How Common Are Chiropractic Injuries?
More than 35 million Americans visit a chiropractor every year. Over 1 million chiropractic manipulations occur every single day. Some of these manipulations end in severe injuries. Even with this extensive following, no large studies have proven the effectiveness of chiropractic manipulation. One study even states that 50% of all chiropractic patients have lasting negative effects, like lasting pain. Unfortunately, these injuries are often so small that many patients can’t pursue legal recourse. In some cases, the injuries associated with chiropractic care can be severe and even deadly.
Can You Sue a Chiropractor?
If your injury was caused by chiropractic negligence and led to financial losses, you have legal options available. Many chiropractors, just like medical doctors, have to carry medical malpractice insurance. So the answer is a resounding yes. If you are unsure about starting a legal claim against your chiropractor, call the attorneys at Curcio & Casciato. We can evaluate your claim and determine the best course of action in your case.
How Can Chiropractic Treatment Injure Me?
Chiropractors are not medical doctors and often have limited training and education. Chiropractors may boast that they have comprehensive knowledge about the human body, but this is not always the case. You wouldn’t go to a heart surgeon for a headache. You shouldn’t see a chiropractor for an unnecessary adjustment. Chiropractic care should be complementary care, meaning it should be used in addition to traditional medical care from your regular doctor. A primary care physician should always supervise your health. Chiropractic adjustments can lead to severe, life-threatening injuries and even death. Read on below to find out more about how chiropractic treatment can injure someone.
Negligent Manipulation
Musculoskeletal manipulation can provide pain relief for many people, but negligent manipulation can often cause more harm than good. Too-forceful manipulation and/or inexperience can lead to many issues, including:
- Broken ribs
- Broken vertebrae
- Herniated discs
- Nerve damage
- Localized pain
- Premature labor in pregnant women
Bone cracks and pops are satisfying when they relieve built-up pressure and tension, but a bone crack from a bone breaking is definitely not as delightful. There are many types of spine fractures and the long-term effects of broken vertebrae can be painful and costly. To learn more about the average cost of a broken bone and how to recover damages for fractures, contact a Chicago chiropractor malpractice attorney today.
Failure to Diagnose
Chiropractors are healthcare professionals, so they should be able to recognize emergency medical situations. Unfortunately, their judgment is often clouded by how spinal manipulation can fix the problem. If a patient comes in complaining of a headache, stiff neck, and blurred vision, the chiropractor may believe the issues can be fixed with cervical manipulation. Unfortunately, the chiropractor may ignore or fail to see all the signs of a ruptured aneurysm. This failure to diagnose an emergency medical condition can result in the patient’s condition worsening without the necessary medical treatment.
Chiropractic-Induced Stroke
A chiropractic-induced stroke occurs when cervical manipulation goes wrong. Cervical (not to be confused with a cervix) refers to the cervical spine in your neck. Neck pops and cracks may be satisfying and may be able to release some pressure, but improper manipulation can result in life-threatening injuries. A stroke happens when the brain loses blood flow. An ischemic stroke is caused by a blood clot blocking an artery. A hemorrhagic stroke is caused by a leaking or burst artery. Your neck houses two major arteries. You have a carotid artery on either side of your neck and a vertebral artery that runs through your spinal column, also in your neck. When chiropractors are negligent, they can cause a tear in one of these arteries, leading to a stroke.
Vertebral Artery Dissection
A vertebral artery dissection (VAD) is a medical condition where the artery in the spinal column of the neck is torn. This tear can lead to a significant amount of blood loss to the brain. This results in a hemorrhagic stroke. If the tear is small and forms a blood clot, the blood clot can block an artery in the brain and lead to an ischemic stroke.
Carotid Artery Dissection
A carotid artery dissection can lead to the same issues as a vertebral artery dissection. Negligent manipulation from a chiropractor can cause a severe stroke and even lead to death. If the chiropractor twists your neck too far or pulls too hard, they can damage the delicate tissue around the arteries. In some cases, the tear may be minor and grow over the course of days or weeks. Strokes from negligent manipulation aren’t always immediate. Delayed injuries like this can make it hard to link back to a specific source, but having an experienced team of Chicago medical malpractice lawyers on your side can make this process much smoother.
Unnecessary Procedures
Chiropractors are health care providers. As such, they have a duty to provide only necessary procedures to their patients. When a chiropractor oversteps their boundaries and performs unnecessary procedures, they can cause undue harm to their patients. Unnecessary treatment can result in additional injuries or make an existing injury worse.
Lack of Informed Consent
Patients have a right to know all the risks associated with their medical treatment. This is called informed consent. Even if the risk is minimal, chiropractors must still inform their patients of any possible negative outcomes of spinal manipulation. Patients cannot provide the proper consent if they are not aware of all possible outcomes. When a chiropractor fails to do this basic component of medical care, they can and should be held liable for any injuries.
To learn more about what is informed consent, contact a Chicago medical negligence attorney today.
Chiropractic Injuries in Children
Chiropractic care can harm some of the most vulnerable among us: babies and children. The musculoskeletal system in babies and young children may be similar to an adult’s but there are still major differences in both location and bone density. Many chiropractors see infants as young as a few months old. Taking a non-verbal child for alternative medical treatments can be extremely dangerous, as they often can’t express themselves if anything goes wrong. These manipulations can result in severe medical problems for young children and infants.
If your child was injured do to chiropractic malpractice, contact an experienced Chicago child injury lawyer at Curcio & Casciato.
Do I Need a Medical Malpractice Lawyer?
You may be able to pursue a medical malpractice lawsuit without a medical malpractice attorney, but why would you want to? Recovering from an injury takes time and energy. Pursuing a lawsuit also takes time and energy. Chiropractic malpractice lawsuits often need extensive evidence. Let the Chicago back injury lawyers at Curcio & Casciato shoulder the burden for you. We can perform a thorough investigation to establish negligence, recover compensation for your injuries, and meet all the required legal deadlines.
Establishing Negligence
The most involved part of any medical malpractice case is proving negligence. Our Chicago spinal cord injury lawyers understand how to prove medical malpractice. For a medical malpractice claim, you and your legal team must be able to prove 4 Ds of negligence.
- Duty of care. As healthcare professionals, chiropractors have a standard duty of care that they must meet. This includes getting informed consent from patients before any treatment and being able to recognize emergency medical situations.
- Breach of duty. Chiropractors can break this duty of care by ignoring symptoms, failing to get informed consent, or generally acting in a way that a reasonable person would not. This is called the reasonable person standard.
- Causation. You and your legal team must prove that your injuries are a direct result of the chiropractor breaching their duty of care.
- Damages. For a successful chiropractic malpractice claim, you must also show how the injuries caused damages or financial losses. This can be in the form of medical bills associated with the injury, time away from work, or other direct financial losses.
When you work with the experienced team at Curcio & Casciato, we can handle the nitty-gritty details of the lawsuit for you. Your focus should be on recovering from your injuries and following your doctor’s orders.
Recovering Compensation For Chiropractic Injuries
The true cost of an injury is often more than just the associated medical bills. Depending on the extent of your injuries, the compensation for chiropractic injuries can be upwards of millions of dollars. At Curcio & Casciato, our dedicated attorneys can help you recover compensation for:
- Medical expenses
- Lost wages
- Loss of income potential
- Permanent disability
- Pain and suffering
- Loss of enjoyment in life
- Loss of consortium
- Cost of funeral and burial expenses, in the case of wrongful death
Our Chicago emotional distress lawyers can help you understand how to calculate pain and suffering and help you calculate lost wages.
Illinois Statute of Limitations
The statute of limitations for personal injury cases in Illinois is two years from the date of injury. This means you and your legal team have two years to bring a lawsuit forward to recover compensation for your injuries. This may seem like plenty of time, but this deadline can slip away before you know it. For medical malpractice claims, the law is slightly different. The Illinois statute of limitations for medical malpractice is two years from the discovery of the injury. This is an important distinction since many chiropractic injuries are not immediately apparent.
Chiropractic Malpractice Attorneys at Curcio Law Can Help You
If you or a loved one sustained injuries due to chiropractic malpractice, the last thing you want to do is exhaust yourself trying to gather evidence and fight for compensation. Let the attorneys at Curcio & Casciato do the work for you. We can perform a thorough investigation and gather all the evidence needed to pursue compensation in your case. You should focus on resting, healing, and listening to advice from your medical doctor. The personal injury lawyers at Curcio are ready to support you and help you get the resources you need to recover from your injuries. To schedule a free case evaluation with a chiropractic malpractice lawyer, call the Curcio & Casciato today at (312) 321-1111.