Medical Malpractice Lawyer Serving Vermont

Chiropractic malpractice, like malpractice involving other health care providers, occurs when a chiropractor fails to conform to the standard of care required of a reasonably competent chiropractor. Chiropractic malpractice can arise in the context of the treatment rendered, such as adjustments or manipulation of the spine, or it can arise from a failure to diagnose, failure to take an adequate medical history, or failure to order or review required testing.

If you have been injured during your treatment with a chiropractor, you should promptly consult with an experienced medical malpractice attorney.

Like other types of healthcare providers, a chiropractor’s conduct is governed by 12 V.S.A. § 1908, which states in part as follows:

“For the purpose of this section, malpractice shall mean professional medical negligence comprised of the elements listed herein. In a malpractice action based on the negligence of the personnel of a hospital, a physician licensed under 26 V.S.A. chapter 23, a dentist licensed under 26 V.S.A. chapter 13, a podiatrist licensed under 26 V.S.A. chapter 7, a chiropractor licensed under 26 V.S.A. chapter 9, a nurse licensed under 26 V.S.A. chapter 27, or an osteopathic physician licensed under 26 V.S.A. chapter 33, the plaintiff shall have the burden of proving:

(1) the degree of knowledge or skill possessed or the degree of care ordinarily exercised by a reasonably skillful, careful, and prudent health care professional engaged in a similar practice under the same or similar circumstances, whether or not within the State of Vermont;

(2) that the defendant either lacked this degree of knowledge or skill or failed to exercise this degree of care; and

(3) that as a proximate result of this lack of knowledge or skill or the failure to exercise this degree of care, the plaintiff suffered injuries that would not otherwise have been incurred.”

Although fairly rare, chiropractic adjustments or manipulations have been found to result in such serious injuries as strokes, dissections, and other injuries to the spine and adjacent structures, and even death.

Accordingly, it is important that a treating chiropractor make sure he/she obtain all necessary information to decide on the most appropriate treatment with the lowest risk of further injury. Taking X-rays is an important tool for working up the patient and determining what treatment is appropriate.

The patient’s age, injury history, and complaints all bear on what treatment is appropriate. It may be necessary to send the patient for further testing, such as a CT or MRI of the spine, before attempting spinal adjustments or manipulation.

Failure to do any of the above could serve as the basis for a chiropractic malpractice claim.

David is experienced in chiropractic malpractice cases and has litigated them successfully.