Chiropractors are health professionals who are primarily focused on the diagnosis and treatment of musculoskeletal issues, particularly those relating to the spine and the back. According to the Illinois Department of Financial and Professional Regulation (IDFPR), there are more than 2,500 actively practicing licensed chiropractors in the state.
Unfortunately, some people who get care from a chiropractor do not experience a positive outcome. This raises an important question: Can you sue a chiropractor for medical malpractice? In Illinois, the answer is a clear and resounding “yes.” Here, our Chicago medical malpractice attorney provides a guide to claims against chiropractors in Illinois.
You Can Sue a Chiropractor for Medical Malpractice in Illinois
First and foremost, it is imperative that you understand that you have the right to sue a chiropractor for medical malpractice in Illinois. Chiropractors are licensed healthcare professionals. They are required to complete an accredited chiropractic program and pass the National Board of Chiropractic Examiners (NBCE) exams before getting a license to practice. Chiropractors are required to provide patients with high quality care. If you are harmed by a chiropractor in Chicago or elsewhere in the region, you have the right to file a medical malpractice lawsuit. Here are four required elements of a medical malpractice claim in Illinois:
- Doctor-Patient Relationship: To bring a malpractice claim against a chiropractor, the victim must establish that a doctor-patient relationship existed. The chiropractor must have agreed to provide care and must have been actively treating the patient. Without a valid doctor-patient relationship, the chiropractor does not owe a legal duty of care.
- Substandard Care (Negligence): A patient must prove that the chiropractor failed to provide treatment that met the accepted standard of care within the profession. Some examples include using excessive force during an adjustment, failing to diagnose an underlying condition, or improperly performing spinal manipulations.
- Causation: It is not enough to show that the chiropractor acted negligently. Causation is a required element of a medical malpractice claim in Illinois—including any claim against a chiropractor. In other words, you must prove that you were harmed because of negligence.
- Actual Harm: A malpractice claim requires proof that the patient suffered actual harm as a result of the chiropractor’s negligence. You must provide medical records showing that you suffered an injury or medical complications as a consequence of the poor chiropractic care.
Examples of Chiropractic Care that Could Be Medical Malpractice
Chiropractic care malpractice can come in a wide range of different forms. Here are some of the examples of chiropractor malpractice in Illinois:
- Failure to Diagnose or Refer: Chiropractors are not doctors—but they are licensed health professionals. With that in mind, they have a duty to recognize when their patient’s condition requires care from another healthcare provider. If a chiropractor fails to diagnose a serious underlying condition—such as a spinal fracture, infection, or tumor—the patient’s health could deteriorate due to delayed treatment. When a chiropractor ignores red flags that should prompt a referral, that could be medical malpractice.
- Negligent Manipulation: Chiropractic adjustments require precise techniques. Excessive force and/or an improper technique could cause serious harm to the patient. If a chiropractor fails to assess a patient’s medical history or performs an adjustment in a high-risk area, they may cause nerve damage, a herniated disc, broken bones, or even serious spinal cord trauma. Some patients—such as those with osteoporosis or those with prior spinal injuries—may be particularly vulnerable to overly aggressive manipulations.
- Chiropractic-Induced Stroke: In rare cases, an aggressive neck manipulation can cause a tear in the vertebral artery. That is an emergency. It can cause a stroke. The condition—which is known as a vertebral artery dissection—can reduce blood flow to the brain and result in life-threatening complications. If a patient suffers a stroke due to an unnecessary or improperly performed neck adjustment, the chiropractor may be liable.
Key Points to Know About Illinois Medical Malpractice Claims
Medical malpractice claims fall under state law. If you were the victim of negligent care from a chiropractor in Chicago, you have the right to take legal action. Here are key points to know about the medical malpractice law in Illinois:
- Statute of Limitations: In most cases, you have two years from the date you knew or should have known about the injury to file a lawsuit. However, in Illinois, a medical malpractice claim must always be filed within four years from the date of the alleged malpractice.
- Expert Witness Support: In Illinois, you must provide a medical affidavit—also known as an Affidavit of Merit—when filing a medical malpractice lawsuit against a chiropractor. Your attorney must file a sworn affidavit stating that they consulted with a qualified healthcare professional. Further, that affidavit should come with a written report from a licensed healthcare professional who has the right specialized knowledge and expertise.
- Victims Deserve Compensation: Through a medical malpractice lawsuit, you have the right to seek compensation for economic losses and non-economic damages. Compensation may include medical bills, lost wages, pain and suffering, and long-term disability.
How Our Chicago Chiropractor Malpractice Attorneys Can Help
Medical malpractice claims are complicated—especially so for chiropractic care cases. If you or your loved one was the victim of chiropractor negligence, it is imperative that you have skilled, knowledgeable legal representation. At Kennedy Watkins LLC, our Chicago attorneys are always ready to go the extra mile to protect the rights and interests of patients. With a proven track record of verdicts and settlements, our Chicago medical malpractice lawyers are standing by, ready to help.
Contact Our Chicago Medical Malpractice Lawyers Today
At Kennedy Watkins LLC, our Chicago medical malpractice attorneys have the professional expertise that you can rely on. If you or your family member was the victim of chiropractor malpractice, can help. Get in touch with us today for your free case review. From our Chicago law office, we represent medical malpractice victims in Cook County and all across the wider region in Northern Illinois.