What am I suppose to do if I re-injured my back while at the chiropractor’s?

UPDATED: Sep 30, 2022

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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


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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