Chiropractor Malpractice

What Is Chiropractic Malpractice?

Chiropractic malpractice occurs when a chiropractor fails to meet the accepted standard of care, and that negligence causes injury to the patient. Chiropractors, like all healthcare professionals, have a duty to treat patients with a reasonable degree of skill, care, and caution. If a chiropractor makes an error or oversight that a competent practitioner would not have made – for example, using a dangerously inappropriate technique or missing obvious signs of a serious problem – and a patient is harmed as a result, that chiropractor can be held liable for malpractice.

It’s important to understand that not every bad outcome from chiropractic treatment is malpractice. Sometimes patients may experience soreness or not improve as hoped, even when the chiropractor did everything right. The key difference is negligence. Malpractice means the chiropractor did something wrong or failed to do something necessary, effectively deviating from the standard of care. For instance, performing a high-risk neck manipulation without proper screening can be negligent. In fact, experts have long noted patient safety concerns in chiropractic care, and when a chiropractor ignores known risks or safety rules, the results can be disastrous. In short, if you suffered an injury because your chiropractor didn’t act as a reasonably careful chiropractor would, you may have a valid chiropractic malpractice claim.

Common Examples of Chiropractic Malpractice

Chiropractic negligence can take many forms. Below are some of the most common examples of chiropractor malpractice that we see:

• Stroke after a neck manipulation – A forceful cervical spine adjustment can, in rare cases, tear an artery in the neck and trigger a stroke. This devastating complication is a prime example of the stroke risks linked to chiropractic neck manipulation. Young, otherwise healthy patients have suffered life-changing strokes when a chiropractor failed to use proper technique or did not screen for risk factors.
• Nerve injuries and paralysis – Improper spinal manipulations can damage nerves or even the spinal cord. For example, a poorly executed adjustment or excessive force might compress the spinal cord or pinch spinal nerves, causing severe nerve pain, loss of sensation, or paralysis. In the worst cases, patients have been left partially or completely paralyzed due to chiropractic errors.
• Herniated discs or spinal trauma – Aggressive or incorrect adjustments may cause a herniated disc (sometimes called a “slipped” disc) or even fracture a vertebra. A negligent chiropractor who applies too much force or twists the spine improperly can turn a mild condition into a serious one. These injuries can lead to chronic back pain, sciatica, or require surgical intervention to repair.
• Failure to refer to a medical specialist – Chiropractors should recognize when a patient’s issue is beyond their scope of practice. If you presented with symptoms of a serious medical condition (for example, signs of a fracture, infection, or stroke) that needed immediate medical treatment, a competent chiropractor should refer you to a medical doctor or specialist. Failing to refer you for proper medical care can allow a condition to worsen and is a form of malpractice.
• Delay in recognizing serious conditions – Similarly, a chiropractor might misdiagnose or overlook a dangerous condition, leading to harmful delays. For instance, if a patient is showing red-flag symptoms of something like cauda equina syndrome (a serious spinal cord compression) or an oncoming stroke, and the chiropractor doesn’t promptly recognize it, the patient may suffer irreversible damage. Failing to realize that a patient is having a medical emergency – such as not noticing stroke symptoms (a situation akin to a stroke misdiagnosis in a hospital setting) – can be deadly. A delay in sending the patient to the ER or a specialist in time can mean the difference between recovery and permanent injury.

The Real-World Impact on Patients

When chiropractic care goes wrong, the consequences can be life-changing. Patients injured by chiropractic malpractice often face severe, long-term harm. A stroke or spinal cord injury can leave someone with permanent neurological damage or paralysis – meaning the loss of mobility, bodily functions, or independence. In fact, the CDC’s spinal cord injury facts show how devastating and costly paralysis and spinal injuries are, often requiring lifelong medical care and assistance. Even less catastrophic injuries, like herniated discs or nerve damage, can result in chronic pain, disability, and a diminished quality of life. Victims may find themselves unable to work or do the activities they once enjoyed. They may need ongoing treatments, surgeries, or rehabilitation, piling up medical bills.

The emotional toll is heavy as well. It’s incredibly frustrating and heartbreaking to know that your suffering was avoidable – that it was caused by someone you trusted with your health. Many patients lose trust in healthcare providers after such an experience, and families are left struggling to care for an injured loved one. We understand how overwhelming this all can be. That’s why pursuing accountability and compensation is so important – not only to help make things right financially, but also to give you a sense of justice and closure. You deserve the resources to cope with what happened and the assurance that the negligent party is held responsible.

How to Pursue a Chiropractic Malpractice Claim

Bringing a legal claim against a negligent chiropractor might feel daunting, especially when you’re already dealing with an injury. Rest assured, our attorneys will handle the heavy lifting and guide you every step of the way. Here’s an overview of the legal process for a chiropractic malpractice case in Georgia:

1. Investigation and case review: The first step is a thorough investigation of what happened. Our legal team will listen to your story and gather all relevant evidence – including your chiropractic treatment records, hospital records, imaging studies (like X-rays or MRIs), and any other documentation of your injury. We also look at the chiropractor’s background and any prior incidents. This detailed review helps us understand exactly how the injury occurred and whether it resulted from substandard care.
2. Consulting medical experts: To prove a malpractice case, we need support from qualified medical experts. We work with respected experts (for example, orthopedic specialists or neurologists, depending on the injury) who can examine the evidence. They will determine if your chiropractor’s actions fell below the accepted standard of care. If so, the expert will also connect that negligence to your injury – in other words, confirm that the chiropractor’s mistake actually caused the harm. Expert testimony is crucial in chiropractic malpractice cases, as it provides independent, professional validation that you were wronged.
3. Filing the lawsuit and discovery: Once our investigation and expert reviews indicate malpractice, we will file a formal lawsuit on your behalf in the appropriate Georgia court. After filing, the case enters the “discovery” phase. During discovery, both sides exchange information and gather further evidence. Our attorneys will obtain internal documents, such as the chiropractor’s office records or incident reports, and conduct depositions (interviews under oath) of the chiropractor and any other relevant witnesses. We may also depose other healthcare providers who treated you after the injury. This process is where having an experienced malpractice attorney is invaluable – we know how to ask the right questions and uncover evidence that shows where the chiropractor went wrong.
4. Negotiation and settlement: After building a strong case through evidence and expert support, we often enter settlement negotiations with the chiropractor’s malpractice insurance company. In many malpractice cases, once the facts are laid out and liability becomes clear, the insurance company may prefer to settle rather than risk a trial. We will aggressively negotiate on your behalf to reach a fair settlement that covers your medical bills, lost income, and suffering. Any settlement offer will be discussed with you in detail – we give you our honest advice, but ultimately you decide whether to accept an offer. Our goal is to secure the maximum compensation possible to help you move forward.
5. Trial (if necessary): If the defense will not agree to a reasonable settlement, we are fully prepared to take your case to trial. Going to trial means presenting your case before a judge and jury. Our trial attorneys have extensive experience fighting for injured patients in court. We will present medical experts to testify on how the chiropractor’s negligence caused your injuries, cross-examine the defense’s witnesses, and make a compelling case for why you deserve full compensation. While trials can be stressful, we handle all the courtroom work and advocate for you passionately. Many cases resolve before trial, but if yours does not, you can be confident that we will be by your side, fighting for justice every step of the way.

Compensation for Chiropractic Malpractice Victims

A successful chiropractic malpractice claim can secure financial compensation to help you rebuild your life after an injury. Every case is unique, but generally, victims of medical negligence in Georgia can recover damages for several categories of losses. These include:

• Medical expenses: This includes all past and future medical bills related to your injury. Compensation can cover ambulance rides, emergency room care, hospital stays, surgeries, chiropractic or physical therapy (ironically, often needed to treat the harm done), medication, rehabilitation, and any assistive devices or home health care you require. If you will need ongoing medical care or future surgeries, those estimated costs should be included as well.
• Lost wages and earning ability: If your injury forced you to miss work, you can claim the income you lost during your recovery. Moreover, if your injuries affect your ability to work in the future (for example, if you can only work part-time or cannot return to your old job because of physical limitations), you may be entitled to damages for your loss of earning capacity. This ensures you are compensated for the financial opportunities you have lost due to the malpractice.
• Pain and suffering: Malpractice victims deserve compensation for the physical pain, emotional distress, and mental anguish caused by their injury. Pain and suffering damages account for the very real impact on your quality of life – things like chronic pain, disability, depression or anxiety, loss of enjoyment of life, and the overall trauma of what happened. Although no dollar amount can truly make up for this, the law allows monetary recovery as a way to acknowledge and redress your suffering.
• Other losses: In some cases, additional damages may apply. For example, if the malpractice resulted in a permanent disability or disfigurement, you might receive compensation for home modifications (such as installing wheelchair ramps) or mobility equipment. If you are married, your spouse could potentially have a claim for loss of consortium (loss of the companionship and support due to your injuries). And in the tragic event that a chiropractic error caused a patient’s death, the family could pursue a wrongful death case to recover funeral expenses and the value of the lost life. Our attorneys will carefully evaluate all the ways this injury has affected you and your family to ensure no element of damage is overlooked.

Georgia Statute of Limitations for Malpractice

Like all states, Georgia imposes strict deadlines for filing a medical malpractice lawsuit. In Georgia, the statute of limitations for a malpractice claim (including claims against chiropractors) is generally two years from the date of the injury or death. This means you usually have up to two years after the chiropractic treatment that caused harm to initiate legal action. There is also a broader five-year “statute of repose” in Georgia – an absolute deadline that says no malpractice claim can be filed more than five years after the negligent act or omission, even if you didn’t discover the injury until later. (A very limited exception might extend the time in cases of fraud or if a foreign object was left in the body, but such situations are uncommon.) In short, if you miss these windows, you could lose your right to seek compensation entirely.

These time limits make it critical to act promptly. Building a strong malpractice case takes time, and the sooner you involve an attorney, the better they can protect your rights. If you suspect that you or a loved one was injured by chiropractic negligence, it’s wise to speak with a lawyer as soon as possible. By getting started early, your attorney can ensure all filings happen before the deadlines expire and preserve crucial evidence and testimonies while they’re fresh.

Talk to an Atlanta Chiropractic Malpractice Lawyer Today

If you believe you were injured by a chiropractor’s negligence in Atlanta or anywhere in Georgia, don’t suffer in silence. Our team at Davis Adams is here to listen and help. We offer a friendly, free consultation to discuss your situation and answer your questions. There is no obligation – just information and guidance so you can make the best decision for you and your family. And if you do choose to pursue a case with us, you won’t have to worry about the cost of litigation. We work on a contingency fee basis, which means you pay nothing upfront and no fee at all unless we win compensation for you. You have enough to handle with your recovery; we aim to lighten the load by handling the legal fight without adding financial stress.

At Davis Adams, we pride ourselves on being both compassionate advocates and tenacious litigators. We truly understand how badly a chiropractic injury can disrupt your life, and we are committed to fighting for the justice and financial recovery you deserve. Let us shoulder the legal burden so you can focus on healing. Contact us today to speak with an experienced Atlanta chiropractic malpractice lawyer who cares about your story. We’ll answer your questions, explain your rights and options, and if we take your case, we’ll work tirelessly to hold the negligent chiropractor accountable. You don’t have to go through this alone – we are ready to stand by your side and help you find a path forward after chiropractic malpractice.