Legal Question in Personal Injury in Texas
Chiropractor hurt neck
I have been seeing a chiropractor for degenerative cervical disc disease.
He had been told of my C5-6 fusion. He was getting rough with my neck and I reminded him that I had a fusion. He suddenly stopped and said thanks for reminding him. As soon as I left office, my neck started cracking in a very unusual way.
Now, I am in excruciating pain on right side with headaches. Very limited range of head motion. Back of head a little swollen and the only thing that relieves it is pressure on the back of my neck. I can't look down or up without extreme irritation.
I've told the owner of the clinic and they said I needed more treatments.
I know there is an injury from the treatment so wanted to know if I have any rights in confronting him since I have no insurance and need an MRI.
3 Answers from Attorneys
Re: Chiropractor hurt neck
A claim against a chiropractor is a health care liability claim and requires a report from another chiropractor that what your chiropractor did was negligent (below the standard of care). So, you need to obtain a copy of your records and have them reviewed by another chiropractor to see whether you have a valid claim. If you can find a chiropractor who will write such a report, then you will be able to move forward with a claim.
Re: Chiropractor hurt neck
Yours is a flagrant example of why allowing a chiropractor to "adjust" your spine is not only foolish, but can be downright dangerous. The very idea that cracking your vertebrae could somehow promote healing is preposterous. He has probably broken your fusion and you will now need further neck surgery. In order to establish chiropractic negligence, the testimony of another chiropractor would be needed. I think you probably do have a negligence claim and would be glad to discuss this with you. Whatever you do, do NOT return for more chiropractic treatments. That would be like pouring gasoline on a fire.
Re: Chiropractor hurt neck
Chiropractors are not subject to the medical malpractice laws. It would be a matter of negligence which might have caused your injury. Your negligence will also be considered for obtaining adjustments with your known condition. A factor not necessarily disqualifying if you could find somebody to take the case. If you want an MRI, you better find the money to buy one. I doubt that the Chiro will pay for one. Good Luck.