A study examining medical malpractice cases against chiropractors found that chiropractic neck manipulations resulting in injury to the C5 – C6 disks in the neck was the most common injury among cases filed from 1998 to 2018.
Under California law, a medical malpractice claim must be filed within one year of discovering the injury or within three years of the injury occurring, whichever occurs first. The time limit on these claims is known as a statute of limitations. In practical terms, if you experience an injury due to a chiropractor’s malpractice, you have three years to file a claim for your injuries. Alternatively, if the injury were discovered later, then you would have one year from the date of discovering the injury to file your claim.
The claim will usually be dismissed if it falls outside these time constraints. These critical limitations are why you should reach out to an attorney as soon as you believe something is amiss.
If you believe that your injuries resulted from sub-standard medical care, then malpractice may have occurred. Your first step should be to contact a medical malpractice attorney as soon as possible.
Not only will an experienced attorney inform you of your options, but they can help inform you of other important steps in documenting your injuries. Some steps to take to maximize your claim’s chances of success include:
Although injuries from manipulation are one form of sub-standard care that may be rendered by chiropractors, other forms of negligence also exist. Other forms of potential malpractice by chiropractors include:
These forms of negligence are typically actionable under certain circumstances. They are deviations from the standard of care or are actions that are required by law, meaning that a chiropractor who doesn’t follow them correctly is likely to have breached a duty of care to patients.
It is worth noting that California has a cap on non-economic damages recovered in medical malpractice cases. An example of non-economic damages would be monetary awards for pain and suffering. Conversely, economic damages are financial damages that can be directly shown. Examples of economic damages would include medical bills and lost wages. Economic damages are not capped.
New legislation in California limits the non-economic damage cap at $350,000 for cases not involving wrongful death claims and $500,000 for cases involving wrongful death claims.
As accomplished personal injury attorneys, Law Offices of Samer Habbas & Associates have the experience and expertise to solve problems for clients and achieve the best possible results. For more information or to schedule a complimentary consultation, please call 888-848-5084 or contact us online.
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