Chiropractic care is an alternative treatment which physically manipulates muscles, tissues and joints to fix dislocations and provide pain relief. According to the American Chiropractic Association, there are over 70,000 chiropractors in the United States, and about 35 million Americans visit one each year. While many people find relief after spinal adjustments, there is a chance of resulting injury.
Like medical doctors, chiropractors are held to an industry standard of care. If they fail to meet that standard, whether through negligence or recklessness, they may be held liable for malpractice.
Chiropractic injuries and medical malpractice
Chiropractic adjustments can lead to severe injury and, in rare cases, death. Malpractice usually stems from missing or misdiagnosing a serious condition, or complications resulting from spinal manipulation. Spinal manipulation can cause injury, stroke, paralysis and death, especially when it affects the vascular system.
Although chiropractic care is an alternative treatment, injured patients can sue for medical malpractice. Chiropractors have their own industry standards for treatment, which allows patients, lawyers and industry regulators to compare a specific chiropractor’s treatment to the industry standards of care. When a practitioner’s care falls below that standard, you may be eligible to file a claim against the practitioner and/or practice.
Recent developments in Ohio chiropractor medical malpractice law
In November 2022, the Ohio Supreme Court ruled on Clawson v. Hts. Chiropractic Physicians, L.L.C. The court held that because a plaintiff failed to file a medical malpractice claim against a specific chiropractor before the statute of limitations ran out, the plaintiff could not hold the chiropractor’s practice vicariously liable for malpractice. In other words, the plaintiff waited too long to file a claim against the chiropractor, and had no legal recourse.
Clawson is a timely reminder to victims of medical malpractice: if you believe you have a malpractice claim, seek legal assistance as soon as possible. In Ohio, the medical malpractice statute of limitations is four years from the date of injury or when the injury was discovered, whichever is later. There are also certain exceptions, so it’s important to talk to an attorney as soon as possible.
If you’ve been injured as a result of chiropractic treatment, call the Law Offices of Tim Misny today so we can evaluate your claim. You may be able to recover damages for subsequent medical expenses, time off work, pain and suffering and more.
Chat with an Ohio medical malpractice attorney today
The Law Offices of Tim Misny can help you with your chiropractic medical malpractice case. When you’re the victim of healthcare negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 614-9524 so that I can evaluate your case right away.