law

Is Chiropractor Liable for Legal Prosecution for Malpractice?

Many people often consult chiropractors for different health related problems however they cannot be considered as doctor. So, can they be prosecuted for their malpractice like any other medial practitioners? Let us discuss this in this write-up.

What is Chiropractic?

It is an alternate form of treatment for various kinds of health-related issues that is prevalent since 1895. Here, the treatments are provided mostly in the region of back, neck or shoulders. Among various healthcare practices, chiropractic treatment was always under certain controversy. However, now this treatment is even recognized by many health insurance company and they are also paying for this kind of treatment.

What are chiropractic malpractices?

Basically, when we say any kind of malpractices in any medical practice then what we basically mean is that there was total negligence during the treatment. The medical service provider failed to provide necessary care either due to lack of skills or inadequate medical facilities available which was needed for proper treatment.

In the same way, chiropractor malpractice lawyer in Portland has to prove the chiropractor was totally negligent in his profession.

Few chiropractic malpractices

Following are few things considered to be malpractices in chiropractic profession:

  • Improper diagnosis by chiropractor
  • Failed to take necessary permission from the patient before treatment
  • Injuries caused due to treatment

Improper diagnosis does not require too much explanation as we all know what does it mean as it is quite obvious to all of us, however let us take up the other two malpractices.

Consent from the patient means that the patient must be informed what treatment is needed for him and he should understand all the pros and cons of it. Patient must understand various risks however small it may be that he is taking by agreeing to take chiropractic treatment. After explaining him, the chiropractor must take the consent of the patient.

As far as injuries during treatment is concerned, the patient may suffer from different kinds of injuries as below:

  • Bulging or herniated intervertebral disks
  • Strokes
  • Spinal or cord injuries
  • Paralysis
  • Tendons or torn muscles

Stoke can be very serious complication and mostly patients who are of the age 45 and have undergone chiropractic neck manipulation are prone to stroke as compared to people who have never undergone such treatment.

How to prove the malpractice in chiropractic practise?

  • Review medical records

Any lawyer will usually start with your past medical record. He will try to access your health condition prior to visit any chiropractic practitioner. He will then collect all your bills that you have paid to the chiropractor for the alleged malpractice. He will also check the other treatment that you have taken earlier. Then he will review the whole thing in totality to identify where any malpractices have been done.

  • Consult any other chiropractic expert

If the lawyer senses that certain malpractices have been done then he will look for expert chiropractor as a witness. The expert can review the case by looking at the past medical record and the treatment provided by the chiropractor and point out exactly where the mal practice or negligence was done.

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