If you have been harmed by a chiropractor, our Atlanta chiropractor malpractice lawyers can help.
If you’ve landed on this web page, you’re probably hurting because you or someone you care about has suffered from a chiropractor’s malpractice. So before we share more information about our firm’s experience handling chiropractic negligence cases, please know this: we’re sorry. But also know that you’ve come to the right place. We’ve successfully navigated this path with other chiropractic malpractice victims in Atlanta and throughout Georgia, and we’ll take good care of you too.
Read more
Legal Basis for a Chiropractic Malpractice Claim
At the heart of any chiropractic malpractice claim is one premise. The provider owed a duty of care. This duty arises once the chiropractor agrees to treat a patient. If that duty is breached, and harm results, a claim may be valid. To demonstrate this, detailed records and credible testimony often prove essential. Others differ on what constitutes negligence. Most cases involve misdiagnosis, improper technique, or missed red flags. A chiropractor malpractice attorney might consult medical experts to verify these lapses. That cross-examination can illustrate how an error in treatment deviated from acceptable practices.
Proving a breach usually requires experts who compare the chiropractor’s actions to recognized standards. If they decide the care fell below normal expectations, liability becomes plausible. Yet the outcome often hinges on how clearly the injury links to that misconduct. Some situations remain ambiguous if multiple factors contributed. Nonetheless, chiropractor malpractice cases stand on one principle. A professional must act as a prudent provider would. When that standard is overlooked, legal accountability can follow. Documents, witness statements, and expert reports collectively build the framework that points to negligent conduct.
Filing a Claim in Georgia for Chiropractic Malpractice
Those pursuing a claim often wonder about the initial steps. First, a potential plaintiff should gather medical records and any evidence of unexpected complications. This helps a chiropractor malpractice attorney evaluate whether the claim has merit. An expert affidavit may be required to confirm that the care deviated from accepted protocols. That affidavit can strengthen the case before formal proceedings begin. The timeline for filing varies, as Georgia law imposes certain deadlines. These statutes of limitation must be met. Missing these deadlines typically nullifies a claim. Therefore, swift action can preserve a patient’s chance at fair recovery.
Additionally, many individuals worry about legal costs. A contingency fee arrangement usually addresses that concern. Under this model, chiropractor malpractice lawyers get paid only if they secure compensation for the client. That means no out-of-pocket fees for case preparation or court expenses. Arguably so, this approach helps injured parties who might lack financial resources. Still, clients should verify the exact terms, including the percentage deducted if a settlement or verdict is reached. Sometimes, it’s wise to confirm how costs like expert consultations or record retrieval are managed. Clear communication prevents surprises and fosters trust during a stressful period.
Litigation Approaches in Chiropractic Malpractice Cases
Once a claim is filed, there are two main pathways: settlement talks or trial. Settlement negotiations often begin once each side gathers evidence. These negotiations may wrap up relatively quickly if liability is clear. But they can stretch out if fault is disputed. When discussions falter, the matter proceeds to court. The exact timeline depends on the complexity of the claim. On occasion, multiple parties are involved, complicating matters further. A chiropractor malpractice attorney will craft a strategy that balances thorough preparation with timely action. It runs smoothly at times; in other instances, unexpected delays might arise.
In chiropractor malpractice cases, success hinges on organized evidence and credible witnesses. Medical experts sometimes testify about the provider’s duty and where it fell short. Meanwhile, defense counsel might try to show alternative causes for the injury. Each side aims to convince a judge or jury. Strong documentation of the alleged negligence can tip the scale toward a favorable resolution. However, there’s no promise of a quick victory. Others differ on whether settlement is more beneficial than a full trial. Ultimately, the approach depends on specific facts and your attorney’s guidance. It also depends on your own preferences regarding risk and potential reward.
Read What One Client Has to Say:
Below, we've tried to anticipate some chiropractor malpractice questions you might have.
-
How does chiropractor malpractice happen?
Introduction to Chiropractic Malpractice in Georgia
Chiropractic malpractice is a serious issue that arises when chiropractors fail to provide appropriate and safe care to their patients. In Georgia, as in other states, chiropractors are expected to adhere to established standards of care to ensure the well-being of their patients. Understanding how chiropractic malpractice can happen is crucial for individuals seeking chiropractic treatment and those who may have experienced adverse events.
Causes of Chiropractic Malpractice
Chiropractic malpractice can occur for various reasons, including inadequate training, negligence, or errors in diagnosis and treatment. Common causes include improper manipulation techniques that result in injuries, such as spinal cord damage or nerve compression. Failure to obtain informed consent or adequately communicate the risks and benefits of chiropractic care can also contribute to malpractice cases. Chiropractic stroke, also known as cervical artery dissection or vertebral artery dissection, is a rare but potentially serious condition that can occur during chiropractic care. This phenomenon is associated with the manipulation of the neck, particularly the cervical spine, during chiropractic adjustments. In some cases, the rapid and forceful movements used in spinal manipulations can cause injury to the delicate arteries that supply blood to the brain, specifically the vertebral arteries. These injuries can result in the formation of blood clots or tears in the arterial walls, potentially leading to a stroke. While chiropractic stroke is considered rare, it underscores the importance of a thorough assessment of a patient’s medical history, risk factors, and informed consent before undergoing chiropractic treatment, especially neck manipulations. Patients and chiropractors alike should be aware of the potential risks associated with such adjustments and prioritize safety, communication, and appropriate clinical judgment in chiropractic care to minimize the occurrence of adverse events.
Lack of Proper Diagnosis and Assessment
One significant aspect of chiropractic care is proper diagnosis and assessment of the patient’s condition. Chiropractors must accurately identify the source of a patient’s pain or discomfort before recommending any treatment. Chiropractic malpractice can occur when a chiropractor neglects to perform a thorough examination, fails to order necessary tests, or misdiagnoses the patient’s condition, leading to ineffective or potentially harmful treatments.
Proving Chiropractic Malpractice
To establish a chiropractic malpractice case in Georgia, it is typically necessary to demonstrate that the chiropractor owed a duty of care to the patient, that this duty was breached through negligence or errors in diagnosis and treatment, and that this breach directly caused harm or injury to the patient. Expert testimony from qualified chiropractors or medical professionals who can attest to the negligence and its impact is often crucial in proving these cases.
Legal Recourse for Chiropractic Malpractice Victims in Atlanta
Individuals who believe they have suffered harm or injury due to chiropractic malpractice have the right to pursue legal remedies in Georgia. Our Georgia law firm specializes in handling chiropractic malpractice cases and is committed to advocating for the rights and well-being of victims. We help individuals secure compensation for their injuries, medical expenses, and pain and suffering, holding negligent chiropractors accountable for their actions or omissions. If you believe you have experienced chiropractic malpractice in Georgia, contact us for a free consultation to explore your legal options and seek justice for your injuries.
-
Can any personal injury lawyer handle my chiropractic malpractice case?
No. That’s like asking, “I need brain surgery; can my primary care provider do it?” For brain surgery, you need a brain surgeon. For a medical malpractice case, you need a medical malpractice attorney. Davis Adams exclusively represents medical malpractice victims; that’s why you won’t find information about personal injury cases on this website. In contrast, most other firms that solicit medical malpractice clients primarily handle car wrecks and other personal injury cases. Just visit their websites, and you’ll see.
You have one opportunity to make the right decision for your Georgia medical malpractice case. We recommend asking every lawyer the following questions before making your choice:
Is your practice dedicated exclusively to medical malpractice cases?
If not, what percentage of your firm’s cases involve medical malpractice?
How many medical malpractice cases in Georgia have you successfully handled in the past 12 months?
Can you provide examples of Georgia medical malpractice cases similar to mine that you’ve successfully resolved?
Is your firm based in Georgia, with a long history of winning cases throughout the state?
When you’ve asked these questions and listened to the responses, you’ll likely discover that few law firms — other than Davis Adams — can provide good answers. We’d be honored to have the opportunity to speak with you.
-
How much does Davis Adams charge to handle chiropractic malpractice cases?
Like all reputable medical malpractice law firms in Georgia, our firm operates on a contingency fee model. If we recover money for our clients, we earn a percentage. If we don’t recover any money, we’re paid nothing. Don’t be fooled by the flashy TV and billboard lawyers who advertise “No fee unless you win” as if they’re offering a special deal. They’re not – all reputable law firms offer the same contingency fee payment structure.
-
Who can file a lawsuit for chiropractic malpractice in Georgia?
A variety of people may be able to file a chiropractic malpractice claim in Georgia, including:
A person injured by medical malpractice (or their representative) can file a medical malpractice lawsuit in Georgia to recover special damages (medical bills, lost wages, etc.) and general damages (commonly referred to as “pain and suffering”);
The spouse of a person injured by medical malpractice can file a medical malpractice lawsuit in Georgia to recover for loss of consortium (essentially, harm to the marital relationship);
The spouse, parents, or child of a person killed by medical malpractice can file a wrongful death medical malpractice lawsuit in Georgia to recover for the “full value of the life” of the decedent; and
The estate representative for a person killed by medical malpractice can file a medical malpractice lawsuit in Georgia to recover for the pain and suffering the decedent experienced before death, medical bills and final expenses, and in some cases, the full value of the decedent’s life (on behalf of the decedent’s next of kin).
-
How long will my chiropractic malpractice case take?
Every Georgia medical malpractice case involving chiropractic malpractice is different. Some take a few months, and some take a few years. As a general rule, we’ve traditionally advised our clients that their case will likely settle or go to trial within 24 months of our firm being hired. However, as the court system continues to recover from the Covid backlog, getting a case to trial now takes closer to 36 months.
-
How much is my chiropractic malpractice case worth?
We’d encourage you to run — don’t walk — away from any lawyer who tells you what your chiropractic malpractice case is “worth” before doing the work necessary to answer that question honestly. Before any lawyer can begin to value your case, they must engage you as a client, meet with you to hear and understand the story of what happened, order and analyze your medical records, hire expert witnesses, determine the venue for your case (the county in which the lawsuit would be filed), and confirm that amount of insurance coverage available from the defendant(s). Until those tasks are completed, no good lawyer will attempt to give you a reliable estimate as to what your case may be worth.
-
Does Davis Adams take chiropractic malpractice cases of all sizes?
Because our firm is designed to be small and highly specialized, we’re selective in the cases we can take. At any given time, we’re typically litigating about 10 cases — and each year, we receive about 1700 inquiries from prospective clients. While we’d like to help more people, we’re not willing to sacrifice the quality of our work. Thus, we limit our engagements to those involving death or catastrophic harm, where we feel like we can make the greatest impact for the client.
-
Will my chiropractic malpractice case go to trial?
The majority of Georgia medical malpractice cases are resolved through settlements prior to reaching trial, but it’s crucial to approach each case with the possibility of trial in mind from the very beginning. The reason is simple: we cannot predict which cases will ultimately go before a jury. Consequently, our medical malpractice lawyers litigate every case with a focus on trial preparation. This approach not only strengthens our client’s position during pre-trial settlement negotiations but also ensures that we are fully prepared to present our case to a jury should a negotiated resolution prove unattainable.
-
Does Davis Adams handle chiropractic malpractice cases outside of Georgia?
Yes, we routinely take complex cases around the country that require our advanced level of medical negligence expertise. To date, we’ve helped medical malpractice victims in 46 states.
-
Why should I hire Davis Adams?
Our marketing people tell us this should be the first FAQ, not the last. We disagree. You should have the opportunity to learn who we are and what we’re all about before we ask for your trust in handling your medical malpractice case. We hope the information you’ve already seen gives you a sense of what makes us different, and better.
Why do we think we’re better?
First, we’re laser-focused on one thing: helping medical malpractice victims in serious cases, all day, every day. That’s a commitment we’ve made. By contrast, most other lawyers claiming to handle medical malpractice cases spend the majority of their time working on matters other than medical malpractice — car and truck wrecks, etc. Our dedication to those injured by medical negligence sets us apart.
Second, we know Georgia; it’s home for us and always has been. We’ve earned our reputation as effective and respected Georgia medical malpractice attorneys among judges, court clerks, defense lawyers, risk managers, claims adjusters, and mediators over nearly two decades. Our deep local knowledge and long-standing relationships in the legal and medical communities are absolutely essential to getting the best results for our clients.
Finally, we’ve consistently achieved extraordinary results for victims of medical negligence in Atlanta and throughout Georgia. You can see what we’ve accomplished on the Case Results page of this website, and what our clients think of us on the Client Reviews page. The people who’ve hired and trusted us in their time of greatest need are glad they did. And that’s what matters most of all.
You’re hurting.
An unfortunate trait of lawyers is that sometimes we talk when we should instead just listen. So that’s what we do first: we listen to your story, we hear what you’ve been through, and we learn as much as possible about your pain.
You’ve been through enough.
A healthcare provider you trusted for healing instead has caused harm. Even worse, when you ask questions about what went wrong, you’re unlikely to get honest answers because while your doctor should be talking to you, they are talking to their insurance company.
Let our Atlanta chiropractor malpractice lawyers take it from here.
The physical and emotional load you’re carrying right now is heavy — let us help. If you’ve suffered from a chiropractor’s malpractice, we know exactly what to do, and we’re ready to get to work. Please contact us today so we can get started.