Most people are aware that the law allows victims to sue for medical malpractice if they have suffered injury or illness because of the negligence of a medical provider or facility. Typically, when one thinks of malpractice, they often think of medical professionals such as obstetricians, surgeons, and other “traditional” medical providers as the party being sued. However, many people may not be aware that any healing arts professional who is state-licensed is subject to the same standards as any medical professional. This includes chiropractors.
If you have suffered an injury due to chiropractic treatment, call Shapiro, Washburn & Sharp to speak with one of our Virginia Beach malpractice lawyers and find out what legal recourse you may have.
What Are the Requirements for a Chiropractor License in Virginia?
Just like other medical professionals, chiropractors must meet specific standards to receive a license to practice. In Virginia, licensed chiropractors must be at least 18 years of age, have graduated from a college recognized by the Virginia State Board of Medicine, and pass an examination.
The general education requirement is a 10-semester degree from a chiropractic college after at least two years (many pre-chiropractic students select majors in biology, chemistry, or physics).
Pre-professional chiropractic programs provide opportunities to gain the knowledge and skills required for admission to chiropractic colleges and require a minimum of three years of college.
Some examples of chiropractic malpractice include the following:
- Failure of the chiropractor to obtain a complete patient history and conduct a thorough examination before commencing with treatment results in a treatment program that is inappropriate for a pre-existing condition the patient has and causes additional injury.
- Misdiagnosis of the patient’s cause of pain causes a delay in treatment for the actual condition that is causing the pain.
- Negligence in performing manipulations. For example, if a chiropractor uses too much force during manipulation, the patient can suffer nerve damage, which can cause paralysis, a herniated disk, or damage to arteries that can result in a stroke.
Was There a Breach of Standard of Care?
To establish a chiropractic malpractice case, the plaintiff must prove that the chiropractor breached the standard of care. The standard of care refers to the level of skill and caution that a reasonably competent chiropractor would exercise under similar circumstances. For example, if a chiropractor uses improper manipulation techniques or fails to properly diagnose a serious condition, this could be considered a breach. Additionally, if the chiropractor fails to refer you to a specialist when necessary, they might be considered negligent.
Did That Breach Cause You Harm?
The next critical element is causation. You must show that the chiropractor’s actions directly caused the injury or harm you experienced. This means linking the chiropractor’s negligence to the actual harm suffered. For example, if a chiropractor’s adjustment caused a spinal injury, you would need to prove that this injury was the direct result of the chiropractor’s treatment.
Did You Suffer Damages?
Finally, damages must be demonstrated. This could include physical injuries, emotional distress, additional medical bills, lost wages, or other financial losses caused by the chiropractor’s actions. The damages you claim should reflect the severity of the injury and the impact it has had on your life.
Defenses in Chiropractic Malpractice Cases
Like other healthcare professionals, chiropractors can defend themselves in malpractice suits by arguing that they provided care within accepted professional standards. They might also argue that the injury was not caused by their treatment but by a pre-existing condition or other factors beyond their control. In some cases, they may claim the patient contributed to their own harm through noncompliance with recommended treatments or instructions.
Contact Our Personal Injury Law Firm for Assistance
If you or a loved one has been injured due to the negligence of a chiropractor or other medical professional, contact a Virginia Beach medical malpractice attorney to find out what your legal options may be. You may be eligible for financial compensation for the losses the injuries you have suffered caused. This includes medical expenses, loss of income, pain, suffering, emotional anguish, and more.
The legal team at Shapiro, Washburn & Sharp has over three decades of legal experience helping clients like you get the compensation they deserve. We will work diligently to get your family the financial justice you deserve, like the $2.23 million wrongful death/medical malpractice verdict our firm secured for one family whose mother died from a delayed diagnosis of hospital sepsis. Call today to schedule a free case evaluation with one of our medical malpractice lawyers.
Our personal injury firm also has satellite offices in Hampton, Norfolk, and Portsmouth.
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An experienced personal injury attorney with dual licensure in Virginia and North Carolina, Eric Washburn received a B.B.A. in Finance from James Madison University—initially worked in the information technology field before obtaining his law degree from Thomas M. Cooley Law School in Lansing, Michigan. Once an Assistant Commonwealth’s Attorney in Danville, Va., Eric has been recognized by Super Lawyers Magazine as a “Rising Star” Super Lawyer in Virginia since 2014.
