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If you or a loved one have suffered an injury such as paralysis, spinal cord damage or a stroke due to a chiropractic error, fill in the form below or contact Annette Lefebvre Avocats at 514-288-1114 today for a free consultation.
The Risks of Chiropractic Treatment: Protecting Patients’ Rights
Registered chiropractors are trained specialists in the diagnosis, treatment, and prevention of neuromusculoskeletal (NMS) disorders. Chiropractors are not medical doctors. Their focus is on manual treatment, including spinal and joint manipulations, and soft-tissue techniques.
Chiropractic care has become increasingly popular as an alternative healthcare service, with over 4.7 million Canadians seeking chiropractic treatment annually to prevent and manage musculoskeletal conditions (Canadian Chiropractic Association).
While the Ordre des chiropraticiens du Québec promotes the safety and effectiveness of chiropractic treatment in providing relief for a number of conditions, including headaches and migraines, cervical and lumbar pain, and sciatica, there are reports of more serious complications from chiropractic care, including spinal cord injuries, artery dissections and strokes.
The spinal cord is a delicate structure and therefore susceptible to injuries. The potential for serious complications from chiropractic treatment is significant. Of particular concern is arterial dissection, a condition where blood vessels that carry blood from the heart to the brain are torn. In some cases, the injury may go unnoticed and heal naturally. But in others, a tear in the artery wall can lead to clot formation, potentially causing a stroke or even death.
Stroke and Paralysis: The Dangers of Chiropractic Neck Manipulations
In a neck manipulation or adjustment, the chiropractor uses their hands or a small instrument to rotate or stretch the neck, applying a sudden force to a spinal joint. A popping or cracking sensation is often felt. This high velocity thrust can produce significant strain on your vertebral artery, the artery which runs along the back of your neck and supplies your brain and spine with oxygen-rich blood. If the vertebral artery tears, it can compromise blood flow to certain areas of the brain and it can lead to a stroke, paralysis, or even death.
The adverse effects of a chiropractic neck manipulation can present immediately or days and even weeks later. Signs of stroke include:
- Sudden numbness or weakness of the face, arm or leg, especially on one side of the body
- Sudden confusion, trouble speaking or understanding speech
- Sudden trouble seeing in one or both eyes
- Sudden trouble, dizziness, loss of balance or coordination
- Sudden severe headache with no known cause
In addition to injuries caused by improper chiropractic adjustments, a chiropractor may breach standards of care in other ways:
- Failure to properly examine – Before carrying out a chiropractic treatment, chiropractors must perform examinations on their patient, in particular, the following items:
(1) the appropriate history of the case;
(2) the clinical and radiological examinations required by the patient’s condition;
(3) sufficient research of any underlying pathology and anomaly by the diagnostic methods indicated and in compliance with standards of chiropractic science; and
(4) an unequivocal indication of an appropriate chiropractic therapy.
- Failure to obtain informed consent – Prior to the examination or treatment proposed, chiropractors must obtain from the patient a written, free and enlightened consent after having informed the patient of the nature of the problem to be treated, the treatment procedure and the potential benefits and risks.
- Failure to diagnose/refer – Chiropractors should be able to identify if you would benefit from chiropractic care or if you require referral to another health care provider, or immediate medical attention.
The Benefits of Hiring an Experienced Chiropractic Injury Lawyer
Annette Lefebvre Avocats regularly represents clients who have suffered a stroke as a result of chiropractic neck manipulation. We understand the profound impact these injuries have on your life, and we’re committed to holding negligent practitioners accountable. If you or a loved one has suffered paralysis or other serious injury as a result of a chiropractic treatment, we’re here to help you get the justice and compensation you deserve. Call us today for a free consultation: 514-288-1114.
Areas We Serve
- Montreal Metropolitan Area
- Laurentians
- Trois-Rivières
- Sherbrooke
- Québec City
- Gatineau
- The North Shore: Laval, Terrebonne, Blainville and all surrounding areas
- The South Shore: Longueuil, Brossard, Boucherville, Saint-Jean-sur-Richelieu and all surrounding areas
Our team is equipped to represent clients throughout the province of Quebec. There’s no need to visit our office for an appointment, and remember that all injury cases handled by Annette Lefebvre Avocats are on a No-win/No-fee basis, meaning that you only pay us if we succeed in obtaining compensation on your behalf.
There are three very specific elements all of which must be present in order to win:
1.
Fault
Fault is an act, or failure to act, which falls below the “standard of care’’ for the professional in question. The test in law merely requires that your doctor or nurse act as an average, prudent and diligent professional would act in similar circumstances.
2.
Injury
An identifiable injury must have occurred.
If no injury occurred as a result, your lawsuit will not succeed even though a negligent act was committed.
3.
Causation
Once fault and injury exist, the question becomes ‘’is the fault the direct cause of the injury?”
Do you have a case?
If all of the above elements exist you can claim monetary compensation (also known as “damages”) not only for your physical injury but also for your resulting economic losses, such as loss of past and future income, the cost of medical expenses and cost of care, as well as your resulting psychological damages, namely pain, suffering and inconvenience.
Medical records and expert consultation are essential to determining whether you have a case. Get in touch with us for a free consultation with one of our lawyers if you or a loved one have suffered a severe chiropractic injury.
FAQ
Below are answers to the most frequently asked questions about victims’ rights and litigation in chiropractic treatment injury cases.
What are the most common injuries associated with chiropractic treatments?
Common injuries from chiropractic treatments include muscle strains, sprains, herniated discs, nerve damage, fractures, and arterial dissections that can lead to strokes.
How can a chiropractic neck manipulation lead to a stroke?
A stroke can occur if a chiropractic neck manipulation causes an arterial dissection, where the inner layer of an artery in the neck tears, leading to blood clots that can block blood flow to the brain.
What should I do if I believe I’ve been injured by a chiropractor?
If you suspect you’ve been injured by a chiropractor, seek immediate medical attention to address the injury. Then, document your symptoms, treatment, and any communications with the chiropractor. Contact a medical malpractice lawyer to discuss your legal options.
Can I file a lawsuit if I was injured by a chiropractor?
Yes, if you were injured due to negligence or improper care by a chiropractor, you may have grounds to file a medical malpractice lawsuit to seek compensation for your injuries.
How long do I have to file a chiropractic malpractice claim?
In Quebec, the general time limit to file a chiropractic malpractice claim is three years from the date of the treatment or from the date you became aware of the injury. This is known as the prescription period. However, it’s important to note that certain exceptions or specific circumstances might affect this timeline. For instance, if the injury was not immediately apparent, the clock may start when the injury is discovered rather than when the malpractice occurred.
Given the complexity of these cases, it’s advisable to consult with a medical malpractice lawyer as soon as possible to ensure your claim is filed within the appropriate time limit.
What kind of compensation can I receive if I win a chiropractic malpractice case?
If you win a chiropractic malpractice case, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages related to the injury.
What evidence is needed to prove chiropractic malpractice?
To prove chiropractic malpractice, you’ll need evidence that the chiropractor failed to meet the standard of care, and that this failure directly caused your injury. This often involves medical records, expert testimony, and detailed documentation of your injury and its impact on your life.
Can a chiropractor be held liable for worsening an existing condition?
Yes, if a chiropractor’s actions worsen an existing condition through negligence or improper technique, they can be held liable for the resulting harm.
Are all chiropractic injuries grounds for a malpractice case?
Not all injuries are grounds for a malpractice case. To have a valid claim, the injury must have been caused by the chiropractor’s negligence or failure to provide an appropriate standard of care.
How can a lawyer help me with a chiropractic malpractice claim?
A lawyer specializing in medical malpractice can help you navigate the legal process, gather necessary evidence, consult with medical experts, and advocate on your behalf to secure the compensation you deserve for your injuries.