Vertebral artery dissection (VAD) is a serious condition that can have devastating consequences. Understanding whether you can sue a chiropractor for vertebral artery dissection is essential for those affected.
A medical doctor may consider it as one of the stroke symptoms leading to damage and death. If a chiropractor fails to provide treatment properly, it can be challenged in court. The chiropractor’s negligence leads to medical malpractice claim that victims need to know. After all, a chiropractic medical malpractice is a serious threat, leading to neck pain, injury, brain injury and more.
This article will explore what vertebral artery dissection is, how it happens, the symptoms, and the legal avenues available if you believe a chiropractor’s actions caused your injury.
What is a Vertebral Artery Dissection?
Vertebral artery dissection (VAD) is a serious condition where a tear occurs in the inner lining of the vertebral artery, one of the major arteries that supply blood to the brain.
This tear can lead to the formation of a blood clot, which can reduce or block blood flow to the brain, potentially causing a stroke. The vertebral arteries run through the neck and can be vulnerable to injury or trauma. It is among one of the most common types of medical malpractice claims since 25,000 and 120,000 patient deaths occur every year due to medical negligence
How Does Vertebral Artery Dissection Happen?
VAD can occur due to various reasons, including trauma, underlying medical conditions, or even spontaneous events. One of the concerning causes is neck manipulation, often performed by chiropractors. This type of chiropractic manipulation, while generally safe, can occasionally result in excessive force or improper technique, leading to arterial dissection.
Symptoms of Vertebral Artery Dissection
Symptoms of VAD can vary widely and may include:
- Severe neck pain or headache, often described as the worst headache of one’s life.
- Dizziness or vertigo.
- Visual disturbances.
- Difficulty speaking or swallowing.
- Numbness or weakness on one side of the body.
- Loss of coordination or balance.
If you experience any of these symptoms, especially after chiropractic treatment, seek immediate medical attention.
Can Chiropractors Cause Vertebral Artery Dissection?
While rare, there is evidence that chiropractic cervical manipulation can cause vertebral artery dissection. This risk is particularly associated with high-velocity, low-amplitude neck manipulations. It’s important for patients to be aware of this risk, especially if they have underlying conditions that may predispose them to arterial dissections.
Types of Chiropractor Malpractice
Chiropractor malpractice can take several forms, including:
- Improper Technique: Using excessive force or incorrect methods during chiropractic manipulations.
- Failure to Diagnose: Not recognizing signs of a vertebral artery dissection or other serious conditions.
- Lack of Informed Consent: Failing to inform patients of the potential risks associated with neck manipulation.
- Delayed Treatment: Not recommending prompt medical evaluation when symptoms of VAD arise.
What to Do After Chiropractor Malpractice
If you suspect malpractice by a chiropractor, it is crucial to take immediate steps to protect your health and legal rights:
- Seek Medical Attention: First and foremost, get medical help to address any potential injury.
- Document Your Experience: Keep detailed records of your symptoms, treatments, and any communications with the chiropractor.
- Consult a Medical Malpractice Attorney: An attorney can help you understand your legal options and guide you through the process of filing a chiropractic malpractice lawsuit.
Can You Sue a Chiropractor for Vertebral Artery Dissection?
Yes, you can sue a chiropractor for vertebral artery dissection if you can prove that their negligence caused your injury. Medical malpractice lawsuits, including those against chiropractors, require demonstrating that the chiropractor’s actions fell below the standard of care expected in their profession and that this directly resulted in harm.
When Can You Sue a Chiropractor for Vertebral Artery Dissection?
You may have grounds to sue a chiropractor for VAD if:
- There Was a Breach of Duty: The chiropractor failed to perform their duties according to accepted standards of practice.
- Causation: The chiropractor’s actions directly caused the vertebral artery dissection.
- Damages: You suffered physical, emotional, or financial harm as a result of the dissection.
How Can You Sue a Chiropractor for Vertebral Artery Dissection?
Filing a lawsuit against a chiropractor involves several steps:
- Gather Evidence: Collect all medical records, documentation of symptoms, and any communication with the chiropractor.
- Hire a Medical Malpractice Attorney: An experienced attorney can help you build a strong case.
- File a Complaint: Your attorney will file a complaint in the appropriate court, outlining the allegations against the chiropractor.
- Discovery Process: Both parties will exchange information and evidence related to the case.
- Settlement or Trial: Many cases are settled out of court, but if necessary, your case may go to trial.
Damages for Chiropractor Malpractice
If your lawsuit is successful, you may be entitled to various types of damages, including:
- Medical Expenses: Costs for treatment related to the VAD, including hospital bills, medications, and rehabilitation.
- Lost Wages: Compensation for any time missed from work due to your injury.
- Pain and Suffering: Damages for physical pain and emotional distress.
- Punitive Damages: In chiropractic malpractice lawsuits of egregious negligence, additional damages may be awarded to punish the defendant.
How Much Is a Chiropractor Malpractice Claim Worth?
The value of a chiropractor malpractice claim falls under the spinal cord injury can vary widely depending on several factors:
- Severity of Injury: More severe injuries generally result in higher compensation.
- Impact on Life: Consideration of how the injury affects your ability to work and quality of life.
- Medical Costs: Total medical expenses incurred due to the injury.
- Lost Income: Compensation for lost wages or diminished earning capacity.
How an Attorney Can Help You in Chiropractor Malpractice Cases
When facing the aftermath of chiropractic malpractice leading to vertebral artery dissection, an attorney becomes your essential ally. Their specialized legal expertise guides you through understanding the intricacies of malpractice laws and evaluating the merits of your case. Here’s how they can support you:
- Legal Expertise and Guidance: A specialized medical malpractice attorney offers expert knowledge of chiropractic malpractice laws, guiding you through the legal process to assess the viability of your case and explore your legal options effectively.
- Investigation and Evidence Gathering: Attorneys conduct thorough investigations, gathering crucial evidence such as medical records and expert opinions to build a strong case demonstrating how chiropractic negligence led to your vertebral artery dissection.
- Building a Strong Case: Your attorney uses gathered evidence to construct a compelling narrative, illustrating how the chiropractor’s actions breached accepted standards of care and directly caused your injury, preparing a solid foundation for legal action.
- Negotiating with Insurance Companies: Skilled negotiators, attorneys engage with insurance firms representing the chiropractor to seek fair settlements that adequately cover your damages without compromising your rights or the value of your claim.
- Representation in Court: If settlement talks fail, your attorney represents you in court, advocating persuasively on your behalf to judges and juries, presenting your case effectively to secure the maximum compensation available under the law.
- Understanding of Medical and Legal Terminology: With expertise in both medical and legal fields, attorneys interpret complex medical records and legal nuances, consulting with medical professionals to present your case comprehensively in legal proceedings.
- Maximizing Compensation: Attorneys work tirelessly to ensure you receive full and fair compensation for all damages, including medical expenses, lost wages, pain and suffering, and other applicable losses resulting from the chiropractor’s malpractice.
Contact BLG for Expert Guidance on Chiropractor Malpractice Claims
Suing a chiropractor for vertebral artery dissection is a complex process that requires proving negligence and demonstrating the resulting harm. If you believe you have been a victim of chiropractic malpractice, it is crucial to seek medical and legal help immediately.
A skilled medical malpractice attorney can provide the necessary guidance to help you navigate your claim and seek the compensation you deserve. Remember, your health and well-being are paramount, and taking action can help prevent future incidents of malpractice.
If you or a loved one have suffered from vertebral artery dissection possibly due to chiropractic malpractice, don’t wait to seek justice. Contact BLG, our experienced medical malpractice attorneys are here to help you understand your legal options and fight for the compensation you deserve.
Contact us today for a free consultation.
FAQs
Has a chiropractor ever been sued?
Yes, chiropractors have been sued, often for malpractice or causing injury.
Are chiropractors liable if they hurt you?
Yes, chiropractors can be held liable if they cause harm through negligence or improper treatment.
What are the odds of a vertebral artery dissection?
Vertebral artery dissection is rare, with an estimated incidence of 1-1.5 cases per 100,000 people annually.
How long does it take for a vertebral artery dissection to heal?
Healing time can vary, but it typically takes several weeks to a few months for a vertebral artery dissection to heal, depending on the severity and treatment.
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