Alabama Chiropractic Malpractice Lawyers

Most people visit a chiropractor seeking relief from back pain, neck stiffness, or headaches. We trust these professionals to improve our mobility and well-being through spinal adjustments and manual therapies. However, when a chiropractor fails to follow the accepted standard of care, the results can be catastrophic. A procedure intended to heal can instead lead to permanent nerve damage, arterial tears, or even strokes.

Chiropractic treatment involves high-velocity, low-amplitude thrusts that, if misapplied, can cause internal trauma. Because the legal landscape surrounding medical negligence in Alabama is complex, having a dedicated advocate is vital to protecting your rights and securing your financial future.

What Qualifies as Chiropractic Malpractice in Alabama?

Chiropractic malpractice occurs when a licensed chiropractor provides treatment that falls below the recognized standard of care, directly resulting in patient injury or death. To prevail in a claim, it must be proven that a patient-provider relationship existed, the chiropractor was negligent, and this negligence was the proximate cause of specific, compensable damages.

While many patients experience minor soreness after an adjustment, malpractice involves serious deviations from professional protocols. Negligence in a chiropractic setting often manifests through:

• Failure to Screen: Neglecting to review a patient’s medical history or perform necessary physical exams to identify contraindications for certain adjustments.
• Inadequate Informed Consent: Failing to warn a patient of the specific risks associated with spinal manipulation, such as the risk of stroke or disk herniation.
• Negligent Manipulation: Using excessive force or improper technique during an adjustment that causes bone fractures or soft tissue damage.
• Misdiagnosis: Failing to recognize a condition that requires medical intervention—such as a tumor or infection—and instead attempting to treat it with chiropractic care.
• Cervical Manipulation Errors: Improperly adjusting the neck in a way that causes a vertebral artery dissection, leading to a stroke.

Alabama law requires that these cases be supported by testimony from a similarly situated healthcare professional. This means another licensed chiropractor must testify that the defendant’s actions were not what a reasonably prudent chiropractor would have done under similar circumstances.

Is a Stroke After a Chiropractic Adjustment Considered Malpractice?

A stroke following a neck adjustment can be considered malpractice if the chiropractor failed to screen for risk factors or used a technique that caused a vertebral artery dissection. If the chiropractor’s manual manipulation tore the lining of an artery—leading to a blood pool or clot that blocked blood flow to the brain—they may be held liable for the resulting damages.

The connection between cervical manipulation and stroke is well-documented in medical literature. A vertebral artery dissection (VAD) is a specific type of injury where the inner lining of the artery in the neck is torn during a high-speed rotation. When this happens, a patient might experience:

• Sudden, severe “thunderclap” headaches or neck pain.
• Dizziness or vertigo.
• Blurred or double vision.
• Slurred speech or difficulty swallowing.
• Numbness or weakness on one side of the body.

If a chiropractor ignores these symptoms during or immediately after a session and fails to refer the patient to an emergency department like the USA Health University Hospital or Mobile Infirmary, the delay in treatment can worsen the stroke’s impact. Proving malpractice in these cases requires a meticulous review of the patient’s pre-existing vascular health and the specific maneuvers performed during the appointment.

Common Injuries Resulting from Chiropractic Negligence

The spine is the central highway for the body’s nervous system. Any error in its manipulation can have ripple effects throughout the body. While some injuries are immediate, others develop over time as a result of repeated improper treatments.

Spinal Cord and Nerve Damage

Inappropriate pressure on the spinal column can result in pinched nerves or, in extreme cases, partial paralysis. Patients may suffer from “cauda equina syndrome,” a serious condition where the nerve roots at the lower end of the spinal cord are compressed. This is a medical emergency that can lead to permanent loss of bladder and bowel control if not addressed instantly.

Disc Herniation and Protrusion

If a chiropractor performs a forceful adjustment on a patient who already has a bulging disc, they can cause the disc to rupture or herniate further. This often leads to intense radiating pain, known as sciatica, which may require surgical intervention at facilities like Providence Hospital or Springhill Medical Center to correct.

Rib and Bone Fractures

Patients with undiagnosed osteoporosis or bone density issues are at high risk during manual therapy. A chiropractor who fails to take X-rays or conduct a proper intake assessment may apply enough force to fracture a patient’s ribs or vertebrae.

The Role of Alabama’s Medical Liability Act

Malpractice claims in our state are governed by the Alabama Medical Liability Act (AMLA). This set of laws dictates everything from the statute of limitations to the burden of proof. Under the AMLA, a plaintiff must prove by “substantial evidence” that the healthcare provider failed to exercise such reasonable care, skill, and diligence as other similarly situated healthcare providers in the same general line of practice.

Navigating the AMLA is challenging because it contains strict procedural requirements. For instance, the complaint must be filed with specific details regarding the alleged act of negligence. Furthermore, Alabama’s pure contributory negligence rule means that if a patient is found even one percent at fault for their injury—perhaps by failing to disclose a known medical condition or ignoring post-treatment instructions—they may be barred from recovering any compensation.

Can I Sue a Chiropractor for Worsening My Existing Back Pain?

Yes, you can sue a chiropractor if their treatment worsened your condition due to a failure to follow the standard of care. If the chiropractor ignored clear diagnostic signs—such as a pre-existing fracture or severe disc degeneration—and proceeded with an adjustment that caused further injury, you may have grounds for a negligence claim.

Simply being unhappy with the results of a treatment is not enough to sustain a lawsuit. To move forward with a claim, we must demonstrate a measurable decline in your health or the introduction of a new injury. This process typically involves:

• Comparative Imaging: Reviewing X-rays or MRIs taken before and after the chiropractic sessions to highlight new structural damage.
• Expert Review: Consulting with medical professionals to determine if the chiropractor’s choice of technique was inappropriate for your specific diagnosis.
• Documenting Physical Limitations: Showing how the worsened pain has impacted your ability to work or perform daily tasks.
• Proving Omission: Identifying if the chiropractor failed to refer you to an orthopedic surgeon or neurologist when your symptoms indicated a more serious underlying issue.

Local Considerations for Alabama Malpractice Claims

Legal proceedings for chiropractic malpractice in Alabama often take place in the Circuit Court of the county where the injury occurred. For residents in the Mobile area, this is typically the Mobile County Government Plaza, located in the heart of Downtown Mobile near the historic De Tonti Square.

Understanding the local medical community is also essential. A claim may involve records from various local providers, whether it is an initial diagnosis from a clinic in West Mobile or emergency care received near the University of South Alabama. We are familiar with the administrative procedures and filing requirements specific to the 13th Judicial Circuit, ensuring that your case meets all local court rules and deadlines.

Seeking Full Compensation for Your Injuries

When a chiropractic error alters the course of your life, the financial burden can be overwhelming. We work to ensure that any settlement or jury award reflects the true cost of your injuries. In Alabama, damages in a malpractice case are generally divided into two categories:

Economic Damages

• Medical Bills: Costs for emergency room visits, surgeries, physical therapy, and future medical care.
• Lost Wages: Compensation for the time you were unable to work, as well as a loss of future earning capacity if your injuries are permanent.
• Out-of-Pocket Expenses: Costs for medical equipment, medications, or modifications to your home.

Non-Economic Damages

• Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury.
• Loss of Enjoyment of Life: How the injury prevents you from participating in hobbies or activities you once loved.
• Disfigurement: Compensation for permanent scarring or physical changes.

Steps to Take if You Suspect Malpractice

If you believe a chiropractor has injured you, the steps you take in the following days are critical for your health and any potential legal action.

• Seek Immediate Medical Attention: Visit a medical doctor or a specialist, such as a neurologist, to diagnose the extent of your injury. Do not return to the chiropractor who caused the pain for “correction.”
• Request Your Records: You have a legal right to your chiropractic records. Secure these as soon as possible, including all intake forms, notes, and X-rays.
• Document Your Experience: Write down a timeline of your visits, what was said during the appointments, and exactly when you started feeling new or worsened symptoms.
• Avoid Social Media: Do not post about your injury or your potential lawsuit online, as these statements can be used by defense attorneys to undermine your claim.
• Consult a Knowledgeable Attorney: Medical malpractice cases have a strict statute of limitations. In Alabama, you generally have two years from the date of the injury to file a lawsuit, though there are limited exceptions for injuries that were not immediately discoverable.

Professional Advocacy for Alabama Families

The Law Office of J. Allan Brown, L.L.C. is dedicated to providing the skilled, personalized representation that victims of medical negligence deserve. We do not operate like a large, impersonal firm. Instead, we focus on a limited number of cases so that we can give each client the direct attention required for these sensitive matters. We handle chiropractic malpractice cases on a contingency-fee basis. This means you do not pay any attorney fees until we obtain a settlement or a court award for your case. We believe that every Alabamian should have access to high-quality legal counsel, regardless of their current financial situation.

For a complimentary consultation to discuss your legal options and the factors surrounding your injury, contact our Mobile office today at (251) 220-3199 or message us online to arrange a meeting at our office or another location convenient for you.