Chiropractors can be helpful when you’re suffering from whiplash and other muscle or spinal injuries. Unfortunately, like medical doctors, sometimes they can cause more problems than they solve. What happens if you find yourself in lasting pain after visiting a chiropractor?
Although some folks brush off chiropractors as “not real doctors,” they can still be sued for medical malpractice. Ohio allows people to sue licensed health professionals for malpractice. The key is that they’re licensed by a state board. Otherwise, there’s no basis upon which to compare their actions. Midwives, for example, cannot be sued for malpractice for that reason: they don’t have a licensing board in Ohio.
If you’ve been injured by a chiropractor, you may be able to recover compensation for your injuries. Here’s how.
Statute of Limitations and Other Requirements
In Ohio, plaintiffs have one year from the date of injury (or discovering the injury) to file suit. Ohio Revised Code Section 2305.113 allows the plaintiff one year—but they can also inform the practitioner that they’re considering an action prior to the one year mark. This buys them another six months to file the lawsuit.
The statute notes that “‘Chiropractic claim’ means any claim that is asserted in any civil action against a chiropractor, or against any employee or agent of a chiropractor, and that arises out of the chiropractic diagnosis, care, or treatment of any person. “Chiropractic claim” includes derivative claims for relief that arise from the chiropractic diagnosis, care, or treatment of a person,” and “‘Chiropractor’ means any person who is licensed to practice chiropractic by the state chiropractic board.”
Malpractice Claim Elements
If you file a malpractice claim, you’ll be required to prove several elements:
- A professional duty was owed to the plaintiff;
- The chiropractor breached that duty;
- There was an injury directly caused by that breach; and
- The injury resulted in damages.
For example, if you visit a chiropractor for whiplash and walk out with nerve damage in your right arm, you might rightfully suspect that they breached their professional duty of care to you. The nerve damage would be an injury, and your increased medical bills, lost wages and other consequences would be considered legal damages.
If you suspect that a chiropractor has committed malpractice working with you, it’s important to call an attorney. They can help you understand your legal rights and what to expect.
Talk to an Ohio Medical Malpractice Lawyer Today
You shouldn’t have to bear the costs of your chiropractic injuries alone. If a chiropractor is responsible for your injuries, I’ll Make Them Pay!® Call me today at 877.944.4373 to discuss your case.
