What am I suppose to do if I re-injured my back while at the chiropractor’s?
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What am I suppose to do if I re-injured my back while at the chiropractor’s?
I went to visit my chiropractor. I have been visiting for a couple months due to a back injury. I have been doing a lot better. I went in last week, they had me sit on a large ball common practice at this chiropractor and attached electrodes to my back. They ask me every visit on a scale from 1 thru 10 about my pain; I was in no pain when I went in. While sitting on the ball it popped and I fell to the floor and landed on my tailbone and hit my head on the wall. Before I went in I was in no pain, but all this weekend I have hardly been able to do anything cause my back is hurting once again. What am I to do? I was going there for an injury that was doing much better and this incident has reinjured my back.
Asked on August 8, 2016 under Malpractice Law, Oklahoma
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You have a claim for negligence against the chiropractor. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit against the chiropractor, it may be possible to settle the case with the chiropractor's insurance carrier.
When you complete your medical treatment for the new injury (preferably with another doctor) and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the chiropractor's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the chiropractor's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the chiropractor's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the chiropractor.
If the case is NOT settled, your lawsuit for negligence against the chiropractor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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