Thousands of New York residents visit chiropractors every year seeking relief from serious discomfort or pain in their spine. Many of those patients swear by the therapeutic and medical benefits of these visits. Unfortunately, not every chiropractor meets the standards set by other members of their professions for what constitutes reasonable care. Their mistakes may have devastating consequences for the people who went to them for help.
If a chiropractor’s reckless or careless conduct led to you sustaining avoidable injury, you may want to talk to an Albany chiropractic malpractice lawyer about the possibility of civil litigation. Chiropractors can be held financially accountable for harm they cause through professional misconduct just like other healthcare providers can, but achieving a positive result to this kind of case can be challenging without an experienced malpractice attorney’s support.
Establishing a Breach in the Standard of Care
The State of New York requires chiropractors to be licensed in more or less the same way that other doctors, nurses, and medical specialists must be. That license can be revoked if a chiropractor engages in egregiously negligent behavior that results in injury to one or more patients. Importantly, though, “negligence” in this context is not the same thing as “negligence” leading to injury under different circumstances, such as an auto accident.
Rather than the general “duty of care” that is central to the theory of traditional negligence, licensed healthcare providers have an obligation to meet a “standard of care” for all their patients. In short, this means they must demonstrate the same degree of care and consideration that a professional with comparable education and experience would show under similar circumstances.
If a chiropractor acts irresponsibly in a way that an equally qualified chiropractor would not, and their actions directly cause a patient to sustain harm that could have prevented with proper care, they could be considered negligent. This would make them financially liable for all ensuing damages. An Albany chiropractic malpractice attorney could explain these and other relevant legal concepts in as much detail as needed during an initial consultation.
Recoverable Damages Through Successful Litigation
Because their profession entails manipulation of the neck, back, and spinal cord, injuries caused by negligent chiropractors unfortunately tend to be uniquely debilitating and life-altering. Even minor spine trauma could necessitate expensive medical treatment and leave the injured person unable to work for weeks or months at a time. More severe damage may cause permanent paralysis that prevents a plaintiff from supporting themselves financially or even performing daily self-care.
Assistance from an experienced chiropractic malpractice lawyer in Albany could be absolutely essential to recovering for the full value of past and future losses stemming from this kind of misconduct, including:
- Emergency medical bills
- Costs of future medical care, assistive equipment, and pain medications
- Lost wages and/or earning capacity
- Lost enjoyment of life
- Physical and psychological pain
- Lost consortium
In cases involving extremely egregious negligence or intentional malice, defendants may have punitive damages imposed against them as well.
Speak with an Albany Chiropractic Malpractice Attorney About Legal Options
Injuries stemming from improper chiropractic treatment can serve as grounds for civil litigation in many situations. However, getting a fair result from a case of this nature often requires guidance from a legal representative who has handled similar claims successfully before. A knowledgeable Albany chiropractic malpractice lawyer could be your ally throughout every stage of your legal proceedings. Schedule your confidential consultation with us today.