Have you been hurt during treatment at a chiropractor’s? Did the negligence of the practitioner result in you suffering injury or further aggravating your existing problem? This article aims to explain how chiropractor negligence claims can be settled in your favour and how you could win the maximum compensation for your injuries.
Using an example case study, we explain how claims are valued and what compensation could be owed to you. Also, we provide links to the latest statistics and other websites to help you throughout.
If you were hurt whilst receiving treatment for spinal issues, and you think the incident happened because of negligence, speak to our team for help. You can call directly on 0800 408 7825 or email Public Interest Lawyers to find out more about how a No Win No Fee lawyer could help you launch a successful claim today.
Select a Section
- A Guide To Calculate Compensation For An Injury Caused By A Chiropractor
- What Are Chiropractor Injuries?
- Financial Struggles From Chiropractor Injuries
- Examples Of Chiropractor Accidents
- Discuss Care Claims About Chiropractor Negligence Claims
- Get Your Specialist Compensation Settlement Value
- Case Study: £15,500 Compensation For An Injury Caused By A Chiropractor
- Chiropractor Injury Compensation Calculation Estimates
- No Win No Fee
- Solicitors For Chiropractor Negligence Claims
- Our Advisors For Chiropractor Negligence Claims
- Additional Guides On Chiropractor Negligence Claims
Chiropractors are required by law to have malpractice insurance. If you underwent an unprofessionally performed treatment, leaving you injured, you could have the right to make a claim. We use an example case study to examine the various steps of launching a negligence claim against a practitioner. It also conveys how you could claim compensation for your injuries.
Firstly we look at the duty of care, who was responsible for ensuring your safety. Secondly, how they breached it. We then consider how this directly or indirectly caused your injuries. As well as any subsequent financial loss that the injuries created.
Our case study demonstrates how chiropractor negligence claims can be calculated using two Heads of Loss. We conclude the article by showing you how to get in touch with our advisors and how they can provide an initial consultancy session that is free.
A patient is usually referred to a chiropractor to address different medical conditions of the bones, joints and muscles. And, when performed correctly, the techniques can bring tremendous relief from back and spine issues. There are dangers, however. If the practitioner is unskilled or careless, injury can have adverse effects, especially to the upper spine. In the worst cases, chiropractic techniques done incorrectly can cause a stroke.
Any manual treatment can carry a risk, and when we refer ourselves to a chiropractor, we are putting ourselves in their hands. Those treating us or providing a service have a duty of care to our health and well being. In the workplace, the Health And Safety At Work etc. Act 1974 requires all employers to ensure that correct training levels, information, and maintenance are carried out to guarantee everyone’s safety at work as much as reasonably possible. The Highway Code asks for a similar duty of care of all road users to avoid causing harm.
When we entrust professionals with our welfare, the law recognises that we have a right, within reasonable limits, to expect not to be harmed. If a chiropractor’s negligence caused your injuries, you could make a claim. Call our team for free legal advice with no obligation to proceed with our services afterwards.
Chiropractor treatments can be costly, and the prospect of finding more money to correct a mistake could be a nightmare for you. Therefore, if the treatment worsened the initial problem, you might find yourself besieged with debts and bills to correct it. While your health is suffering, these issues could be the last thing you need.
If an injury or illness is made worse you may find that you need time away from work while it heals. This could mean loss of earnings and future job prospects. Also, if the injury is typically bad it may mean you need help at home. This could be in the form of a carer. Additionally, you may need help with cleaning, cooking and looking after small children. As well as these, you may be required to use public transport as you can no longer can drive. All of these expenses can soon add up.
If you decide to start a negligence claim, your personal injury solicitor should advise you about documenting your expenses. The financial loss you suffer because of your injuries could be compensated as special damages. You could claim the loss back from the defendant, providing you have proof.
When you are in pain, a medical professional should take your injury into account when they decide on manipulative treatment. You may have been referred to chiropractors by friends or doctors, so had a reasonable assumption that you were in reliable hands.
Once you have agreed to be treated, it’s wise to read any disclaimers the practice might have. Also, check the person’s credentials and testimonials online. You can read more about chiropractor risks.
Too much pressure in the wrong place and any number of other seemingly subtle manipulations could have a devastating effect on your health.
If the worst happens and you find yourself suffering injuries from a negligent chiropractor, the financial impact can be stressful. In addition to the money required to rectify the problem, you may be unable to get the original issue addressed. You could even find yourself in a worse state by seeing other back specialists.
If you cannot work or walk and are in acute pain trying to perform routine daily tasks, you might need practical help. Depending on whether your family can provide this service for you, their time can be reimbursed if you make a claim.
If you need to pay for professional home care, costs could be very high. Therefore, you may be plunged into a financial crisis as well as a health one. These costs can be recovered in chiropractor negligence claims with the correct proof.
If you hire a personal injury solicitor, they will use the results of a medical assessment to prove the extent of your injury. As well as, the prognosis. This evidence could allow you to seek two types of compensatory damages on your behalf. In a case like this, where there was a pre-existing condition, a medical assessment is crucial to proving to what extent did the negligent treatment make your existing injury worse.
There are two types of damages. General damages are compensation that covers the pain and suffering your injuries have caused you, whether physical or psychological. Injuries to the back receive extensive and detailed attention in the Judicial College Guidelines, a publication solicitors may use to value injuries. The award brackets vary dramatically depending on the severity of the injury.
In our example case study below, the award falls toward the lower end of the scale. It could be much more if the injury is more severe. Should you choose to claim with a No Win No Fee personal injury lawyer you could be advised on the maximum amount you could claim in your specific case.
Special damages are designed to pay back financial losses that you may have incurred due to your injuries. There is a considerable breadth of things that you could claim for, such as:
- Loss of earnings.
- Loss of future earnings or opportunities.
- Travel costs.
- Care costs.
- Lost deposits or bonuses.
There could be others. If you discuss your case with our team, they can advise or refer you to a No Win No Fee personal injury solicitor from our panel. Providing you have evidence of the expenses, you might be able to include them in chiropractor negligence claims.
Mrs Waters had lower back pain for many years. And, after it started to move up her spine, she decided to seek a professional chiropractor’s services. After finding a therapy centre she liked the look of, she booked an appointment and underwent her first treatment.
As the manipulation began, she noticed the pain in her lower back was going from a dull pain to sharp. Halfway through the appointment, she had to ask the therapist to stop. The chiropractor told her it was part of the treatment and that some pain was inevitable with spinal manipulation. Trusting the therapist, Mrs Waters allowed her to continue.
When it was time to leave, Mrs Waters was in agony and could hardly stand. She called her husband to pick her up as she felt she was not able to drive home. While at home she took some pain medication. However the next day her back was feeling even worse.
On arriving at the A and E, doctors assessed that excessive pressure had caused her original injury to worsen.
After careful consideration and a chat with a No Win No Fee solicitor, she decided to pursue a case for compensation.
They launched a negligence case against the chiropractor. On investigation, it was discovered that the chiropractor was not as qualified as he had made out. Therefore the practice admitted liability and paid compensation to Mrs Waters at £15,500. This included general and special damages
The table below shows how Mrs Waters’ compensation payout may have been calculated:
pain and suffering.
|£3,000 Loss of earnings
The case study is not based on real-life – it is there for the purpose of demonstration only.
Many may search the internet for an injury claim calculator. This is to see how much they may be awarded in a successful claim. However, what many may not know is that these online tools only look at one part of the compensation. Online calculators only consider the injury. Not the expenses incurred because of the injury. If you would like an estimate of your damages, both general and special call our team today. Through a free initial chat, we can inform you of what you may be entitled to claim for.
Speak to our team today to see if you could be eligible for making chiropractor negligence claims if your back condition was made worse during treatment.
Are you familiar with the expression ‘No Win No Fee’? Most importantly, No Win No Fee agreements allow claimants to hire a solicitor without making an upfront payment.
No Win No Fee agreements have many advantages. They can help you cost-effectively work with a solicitor on a compensation case. Other advantages are:
- There are no fees to pay your solicitor upfront.
- There are no fees to pay your solicitor while your case is ongoing.
- If your case fails, there’s nothing to pay your solicitor in terms of their fees.
- If your case wins, there’s a small fee to pay them which is capped by law to keep it low.
- You receive the bulk of the compensation payout.
- You receive legal advice and support throughout your case.
No Win No Fee agreements are a beneficial choice for many people. If you were harmed in an accident that could have and should have been avoided, speak to our team to discuss what you can do about it.
When searching for a No Win No Fee lawyer, people may go to the solicitor’s close to where they live or find one in their local area on the internet. Thanks to technology and the internet you can pick any solicitor in the country that you want to. That is because they can work remotely.
We could help. Call our advisors today. If they think you have a chance of being successful they can introduce you to personal injury solicitors straight away. If they agree to take on your case it will be on a No Win No Fee basis.
If you are ready to start your claim or just want more information on any of the topics we’ve discussed in this article, you can get in touch in the following ways:
- Call us direct on 0800 408 7825
- email us at Public Interest Lawyers
- Speak to our live support option (bottom right).
We hope this guide has been useful and helped you understand chiropractor negligence claims. If you want to discuss this or any accident in the workplace, in public, or road traffic accident (RTA) that was not your fault, we look forward to helping you.
If you would like further reading on accident hot spots, read our guide.
We also have a guide on claims against the council.
Please read here for more details about accidents on public transport.
Take a look for more details about using the NHS.
Article by EA