Chiropractor Malpractice Attorneys in New York, NY

As chiropractor malpractice attorneys in New York, NY, our job is to make sure that you get compensated for a chiropractor's failure to meet the standard of care that is expected of a licensed chiropractor. If performed incorrectly, chiropractice can result in injury or even death. Call us today to find out more about your rights.

Most injuries in chiropractic practice involve muscle strains or sprains, fractures or dislocations, and headaches or dizziness. The grave injuries, however, are vertebral artery dissection which can lead to a stroke, aneurism, herniated discs, joint dislocation (most especially in the spine or extremities), spinal cord injuries, and nerve damage.

Improper chiropractic practice can lead to damage of vertebral arteries that run through the spinal column of the neck, which can hinder the delivery of blood to the brain and spinal cord.

Chiropractic malpractice is a subset of medical malpractice. If you have been a victim of chiropractic malpractice, you can file a lawsuit against your chiropractor for money damages.

You must show that you were under the care of the chiropractor; in the course of advising, diagnosing, or treating you, your chiropractor failed to act as a doctor in the specialty should act; and as a result, you were injured, became ill, or a condition or injury worsened.

Elements of Chiropractic Malpractice

Chiropractic malpractice is a form of medical malpractice claim based on negligence. In New York, to prove chiropractic malpractice, you must prove each of the following elements:

• The chiropractor must owe a duty of care to the patient based on a doctor-patient relationship;
• The chiropractor must have breached that duty;
• The chiropractor’s breach of duty must be the proximate cause of the patient’s injuries; and
• The patient suffered economic and non-economic damages due to the injuries.

General allegations that are conclusory and unsupported by competent evidence are not sufficient to make a chiropractic malpractice claim meritorious. In the medical malpractice claim, a competent physician’s affidavit is required to show that the chiropractor made a deviation or departure from accepted medical practice and that such departure was the proximate cause of the patient’s injury.

This physician’s affidavit must be detailed and specific, not conclusory. The physician must base his affidavit on specific facts upon which he relied in forming his opinion (and not just based on the entire medical record) and must allege what tests or actions were improperly performed or interpreted or not performed at all.

If the physician’s affidavit is not secured prior to filing the chiropractic malpractice claim, the attorney may file a certificate within 90 days from the time the complaint is served that the attorney has reviewed the case with at least one health care expert who is licensed to practice, reasonably believes that the expert is knowledgeable as to the medical issues relevant to the patient’s claims, and has concluded based on the review of the case and the consultation with the expert that there is a reasonable basis for the lawsuit.

Timeliness of Chiropractic Malpractice Claim in New York

The general statute of limitations rule for chiropractic malpractice is 30 months (2.5 years) from the date of the alleged chiropractic malpractice. If the error happened as part of an ongoing course of treatment, the 30-month period is counted from the date of the last treatment.

If the patient is also making a claim against a public corporation (such as a municipal hospital), a notice of claim must be filed with the public corporation within 90 days from the date of the alleged malpractice.

Improperly performed chiropractic practice can lead to grave injuries such as strokes and aneurisms. Hiring an experienced chiropractic malpractice lawyer to represent your interests can assist you in navigating the complex matter of filing a medical malpractice claim.

Should you need a chiropractor malpractice attorney, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].