Could this be a case of medical malpractice?

I went to a chiropractor for lower back pain. During the initial adjustment I received an injury to my spinal chord. I have suffered pain in my shoulder for several months as a result of the nerves that were damaged. I experience out of pocket expense on a daily basis. Do I have any recourse for the monies spent and pain problems?
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Answers (3)

Lars A. Lundeen

Lars A. Lundeen

Contributor Level 8
I suggest that you may want to review one of the Legal Guides I have published on Avvo.com, which addresses the question of medical malpractice and what it is.

I also suggest that you may wish to consult with a personal injury attorney in your area to see whether or not the attorney is in a position to undertake your representation. Further investigation will need to be made by an expert to determine whether or not there has been malpractice in your case.



Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
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Linda Jane Chalat

Linda Jane Chalat

Contributor Level 4
We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times. Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are clearly apparent in the medical record.

The strength of your claim against the chiropactor will depend upon the pre-exisitng condition for which you sought treatment and the current condition you suffer. If the two can be clearly identified as different and unique then you may wish to inquire as to whether your current condition is attibutable to the chiropactic care. If you learn that your current treating physician believes your injury is the result of the chiropcatic care, you should contact a Colorado medical malpractice lawyer promptly.

Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so. Other time limitations may apply.

The information provided to you in this answer is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation if you have further questions.
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Howard E. Spiva

Howard E. Spiva

Contributor Level 6
I am licensed in Georgia and can not advise you on your state's laws.

However, you may need an attorney. You should contact the local bar for a reference.

In most states a Chiropracter must determine if another Chiropracter violated the legal standard of care.

To learn more about negligence cases please read my legal guide. http://www.avvo.com/legal-guides/ugc/in-defense-of-good-doctors

Good Luck

Make it a great day!
Howard Spiva

The Spiva Law Group does not represent insurance companies and for 25 years has been dedicated solely to the representation of individuals who are injured and their families. www.spivalaw.com
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