Denver Chiropractic Malpractice Attorneys
Chiropractic Malpractice Attorneys in Denver Win Big Cases
Folks in Denver enjoy an active lifestyle, hiking, kayaking, skiing, and biking in amazing places, the Rocky Mountains and Red Rocks, so it's not surprising that residents deal with their share of aches and pains where chiropractic care might be useful. While this offers an alternative to pain medicine and surgery, there's often a serious downside. Although chiropractors are not medical doctors, chiropractic malpractice is a form of medical malpractice – and it frequently has devastating results.
If you were seriously injured due to chiropractic malpractice, contact the experienced trial lawyers at Leventhal Puga Braley P.C. With over 41 years of experience, our firm has won record-breaking medical malpractice verdicts for our clients. Founding attorney Jim Leventhal is one of just 100 lawyers in the United States to be selected for membership to The Inner Circle of Advocates, an invitation-only group comprised of the best plaintiff lawyers in the country.
There is no charge for your initial consultation. Call us today at (303) 759-9945 or toll-free at (877) 433-3906 and speak with one of our Colorado medical malpractice lawyers; we can review your case and advise you on the best legal strategy to move forward.
What Is Chiropractic Malpractice?
Medical malpractice occurs when a healthcare professional negligently causes injury to a patient. Negligence occurs when a healthcare professional does not use reasonable care. These can include errors in diagnosis, treatment, or aftercare.
Chiropractic malpractice often takes place when a chiropractor fails to diagnose a condition that needs timely medical attention or when a chiropractor injures the patient rather than healing them during manipulation.
Chiropractic patients must be aware of the risks involved in chiropractic treatment because it can lead to long-term health consequences. Injuries from chiropractic malpractice result in physical pain and can also cause severe financial burdens due to additional medical expenses and loss of income. Recognizing these risks is critical in evaluating the safety of chiropractic treatments and understanding your right to seek compensation for the harm you have suffered.
Warning signs of chiropractic malpractice include a chiropractor's failure to diagnose a condition that should have been evident, performing procedures that are unnecessary or not recommended for your condition, or using excessive force that leads to injury. Another red flag is the lack of informed consent, where the chiropractor does not fully disclose the potential risks and benefits of treatment.
The Risk of Strokes
Chiropractors frequently face malpractice suits due to a form of treatment called cervical manipulation therapy (CMT). CMT is an aggressive technique where the patient's neck is forcefully rotated while the chiropractor applies rapid thrusting movements. According to the American Heart Association Stroke Council, there is significant medical evidence showing that CMT can lead to a stroke.
Research shows that CMT treatment can tear the wall of an artery. This tearing is called a "dissection." When there is a dissection, a blood clot can form and break free to block a blood vessel in the brain. This may ultimately result in stroke and sometimes death.
Injuries Caused by Chiropractic Malpractice
Chiropractic treatment is generally designed to relieve pain and increase the patient's mobility. It's based on controversial theories about the musculature system. Basically, chiropractors believe that many common ailments, such as chronic back pain, are caused by "misalignment" of the spine (also known as "subluxations").
Chiropractors attempt to treat pain, nerve damage, and mobility issues caused by "subluxations" by vigorously manipulating the patient's body. This process, known as an "adjustment," is regularly performed by chiropractors in hopes of enhancing the patient's health. But, chiropractors are not doctors, and they lack the necessary education to fully assess many factors contributing to the ailments they treat.
Conscientious chiropractors should be quick to acknowledge the limitations of their training and refer patients to medical doctors when necessary. In many cases, chiropractors attempt to treat symptoms and diseases that fall outside their area of expertise. Due to their lack of medical knowledge, chiropractors often fail to diagnose serious medical conditions requiring advanced medical care.
Injuries caused by chiropractic malpractice include:
- Torn ligaments
- Nerve damage
- Loss of mobility
- Broken ribs
- Strokes
- Sciatic nerve pain
- Bone fractures
- Spinal cord injuries
- Birth Injuries
- Neurological damage
- Paralysis
- Herniated or ruptured disks
- Muscle damage
Chiropractic Malpractice in Denver and Colorado Law
All practicing chiropractors in Colorado are required by law to maintain malpractice insurance (unless they work for the government or Olympic Training Center, or are volunteering their services). A licensed chiropractor should have insurance to cover damages in case they negligently cause a patient harm.
To win a claim against a chiropractor, your malpractice attorney will conduct a thorough investigation. Your attorney will establish the facts of the case and demonstrate how the chiropractor's negligence caused your injury. This includes interviewing you about your care and injuries and pulling all medical records pertaining to your chiropractic care and resulting injury. A good lawyer will also hire expert medical witnesses, including another chiropractor, to attest to the malpractice.
Seeking a Second Medical Opinion for Chiropractic Malpractice
When concerns about chiropractic malpractice arise, seeking a second opinion is a critical first step. A fresh perspective from another healthcare professional can clarify whether the care received was appropriate. To pursue a second opinion, patients should look for a qualified and impartial practitioner who will review the details of the case objectively. If the second opinion suggests malpractice, it can be strong evidence to build your chiropractic malpractice case.
Post-treatment symptoms that could indicate improper care include new or worsening pain, numbness, tingling, or loss of strength, especially if these symptoms persist or escalate. If you experience any of these signs after receiving chiropractic treatment, it may be a medical emergency.
Patients should seek out specialists who will conduct thorough examinations and offer expert opinions on the injuries. This may include MRI scans, X-rays, or other diagnostic tests that can provide concrete evidence of any physical damage. You'll want to have these evaluations done as soon as possible to help document the harm caused by the negligent chiropractor's actions.
What to Do If You Suspect Chiropractic Malpractice
Navigating the legal process for chiropractic malpractice claims requires the services of an experienced malpractice lawyer. Leventhal Puga Braley P.C. will file a complaint outlining how the chiropractor's negligent actions caused your injuries.
As the case progresses, your attorney will communicate with the defendant's legal team, which may lead to a settlement offer. It's crucial to evaluate any settlement with your lawyer to ensure that it adequately covers your damages. If a settlement isn't reached, our lawyers are always prepared to take your case to trial.
To prevail in a chiropractic malpractice case, your lawyer must prove that the chiropractor breached the standard of care. Your attorney must then prove that breach of the standard of care is a cause of your injury. Finally, your attorney must prove your damages.
Compensation Available in Denver for Chiropractic Malpractice Cases
Both economic and non-economic damages may be awarded for chiropractic malpractice. Economic damages include costs such as medical bills and lost income due to the inability to work. Non-economic damages cover intangible losses such as pain and suffering and emotional distress.
When Leventhal Puga Braley P.C. files a claim or lawsuit for chiropractic malpractice, it might include the following types of damages:
- Current and future medical bills
- Lost income
- Medical devices
- Reduced enjoyment of life
- Medications
- Reduced earning potential
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Work with an Experienced Denver Chiropractic Attorney
It can often be difficult when you ask a jury to consider complicated medical evidence and weigh the claims of a licensed professional against the claims of a patient. But our trial attorneys at Leventhal Puga Braley P.C. come relentlessly prepared, and we are well-versed in the medical research it takes to prove that a chiropractor has acted negligently. We also know how to tell the jury a story they can understand and relate to, which helps our clients win the damages they deserve.
If you have been the victim of negligent chiropractic care, it's time to focus on healing without worrying about the cost of additional medical bills and lost time at work. Our law firm knows medical malpractice better than most, and we have handled major cases across the United States — let us work with the clinic and insurance companies while you focus on recovering.
There is no charge for an initial consultation with our firm. To speak with one of our experienced chiropractic malpractice attorneys about your potential case, call us (303) 759-9945 or toll-free at (877) 433-3906 today.
