Many people seek medical treatment from chiropractors for back or neck pain. Unfortunately, sometimes this treatment isn’t up to the appropriate standard of care and individuals suffer injuries. Further, due to the nature of the treatment, these injuries tend to be significant and debilitating.
If you think your chiropractic treatment caused an injury, our lawyers are ready to review your case. We have significant experience handling these cases and are proud of the successful outcomes we’ve obtained for our clients.
We are a relatively small law firm that values quality over quantity. For that reason, we are selective about the chiropractor malpractice cases we accept. Any medical malpractice case takes a lot of resources and can be difficult to prove — and the attorneys of Wiseman Bray want each of our clients to rest assured that they are receiving high-quality personal attention and our best efforts on their behalf.
Our client saw a chiropractor after he began to suffer from low back pain. The chiropractor treated him, but the pain continued and worsened to the point where our client could not move his arm. When he eventually saw a medical doctor for an evaluation, he was told he needed emergency surgery. The chiropractor’s work had caused our client to fracture two cervical disks, and our client needed disk fusion surgery and six screws and a plate placed in his neck.
On behalf of our client, we reached a favorable but confidential settlement.
By definition, medical chiropractor malpractice occurs when a doctor or other health care professional provides you with substandard treatment or care that results in your sustaining an injury or suffering a worsening of your illness or condition. While you might not expect this to happen very often, medical error, i.e., medical malpractice, is, unfortunately, the second leading cause of death in the US.
If you become the victim of chiropractor malpractice, your wisest course of action is to contact an experienced local medical malpractice lawyer as soon as possible after your injury or the worsening of your condition. Why? Because every state has a time frame in which you can file a medical malpractice lawsuit. Called statutes of limitation, these laws set forth specific times and procedures for filing such a lawsuit.
While most states give you 2-3 years to file after your injury or your discovery of it, other states provide for a longer period and some give you an extremely narrow window of opportunity in which to act, especially if you intend to sue the hospital or professional practice in addition to the person who actually provided the substandard treatment or care.
In other words, the sooner you hire a lawyer to represent you, the sooner he or she can get to work determining who you can sue and what damages you likely can expect to recover.
Keep in mind that a medical malpractice lawsuit is one of the most potentially complicated and complex types of cases that you can file. Not only is determining fault often quite difficult, but understanding all the medical terms can also be a challenge.
Furthermore, chiropractor malpractice lawsuits, like all personal injury actions, invariably begin with negotiations between the plaintiff’s lawyer and the defendant’s insurance company. It goes without saying that your lawyer and the insurance company’s lawyer or adjuster undoubtedly will be at complete odds with regard to the value of your case and therefore the amount that will represent a fair and just settlement to cover all your associated losses.
This is where your lawyer’s experience serves you well. In all likelihood, he or she has dealt with this insurance company before and therefore should have a good idea how aggressive he or she will need to be in order to get you the compensation you deserve. He or she also likely will have a good idea of how trial adverse the insurance company is. For instance, if they had to pay out a substantial jury award in the past for a case similar to yours, this gives your lawyer a negotiating edge.