Chiropractor Malpractice in Georgia: Your Legal Rights
If a chiropractor’s negligence caused you injury or worsened your condition in Georgia, you may have a valid medical malpractice claim. Chiropractic malpractice occurs when a chiropractor fails to meet the accepted standard of care for their profession, resulting in harm to a patient. These cases can involve serious injuries including stroke, spinal cord damage, herniated discs, and nerve damage. At the Wetherington Law Firm, we hold negligent chiropractors accountable and fight for full compensation for our injured clients.
Common Forms of Chiropractor Malpractice
- Vertebral artery dissection causing stroke: Cervical spine manipulation (neck adjustments) can tear the vertebral or carotid arteries, causing blood clots that lead to stroke. This is one of the most devastating chiropractic injuries and can result in permanent disability or death
- Spinal cord injury: Excessive force during spinal adjustments can compress or damage the spinal cord, potentially causing paralysis
- Herniated or ruptured discs: Improper technique or adjusting a spine that should not be manipulated can cause disc herniation
- Cauda equina syndrome: Compression of the nerve bundle at the base of the spinal cord, requiring emergency surgery to prevent permanent paralysis and loss of bowel/bladder control
- Fractures: Adjusting patients with osteoporosis, cancer, or other conditions that weaken bones can cause fractures
- Failure to diagnose: Treating symptoms chiropractically when the patient actually has cancer, infection, fracture, or another condition requiring medical intervention
- Failure to refer: Not referring patients to medical doctors when symptoms indicate conditions beyond the scope of chiropractic care
- Treating contraindicated conditions: Performing spinal manipulation on patients with conditions that make manipulation dangerous, such as spinal tumors, infections, or severe osteoporosis
Georgia Law Governing Chiropractic Malpractice
Chiropractors in Georgia are licensed under O.C.G.A. § 43-9 and are subject to the same medical malpractice framework as other healthcare providers. Key legal requirements include:
Statute of Limitations (O.C.G.A. § 9-3-71): Two years from the date of the negligent act, with a five-year statute of repose. This means that even if you do not discover the injury until years later, you cannot bring a claim more than five years after the chiropractic treatment that caused harm.
Expert Affidavit (O.C.G.A. § 9-11-9.1): Your complaint must be accompanied by an affidavit from a qualified expert stating that negligence occurred and was the proximate cause of your injury.
Standard of Care: Under Georgia law, a chiropractor must exercise that degree of care and skill ordinarily employed by the chiropractic profession generally under similar conditions and circumstances (O.C.G.A. § 51-1-27).
Compensation Available
Georgia law provides comprehensive compensation for chiropractic malpractice victims under O.C.G.A. § 51-12-4:
- Medical expenses: Emergency room visits, hospitalization, surgery (including spinal surgery which can cost $50,000-$150,000+), rehabilitation, future medical care, and corrective treatments
- Lost wages: Income lost during recovery and permanent reduction in earning capacity if the injury causes lasting disability
- Pain and suffering: Physical pain, emotional distress, mental anguish, and loss of enjoyment of life
- Loss of consortium: Compensation for your spouse for the impact on your marital relationship
- Wrongful death: If the malpractice caused death (as can occur with vertebral artery dissection leading to stroke), surviving family members may bring a wrongful death claim under O.C.G.A. § 51-4-2
- Punitive damages: Available under O.C.G.A. § 51-12-5.1 if the chiropractor’s conduct was willfully negligent or showed conscious disregard for patient safety
Stroke After Chiropractic Neck Manipulation
The most serious risk of chiropractic manipulation is vertebral artery dissection, which can cause a stroke. The vertebral arteries run through the cervical vertebrae and are vulnerable to tearing during neck rotation and manipulation. Symptoms of vertebral artery dissection may appear immediately after treatment or develop over hours to days, and include sudden severe headache, neck pain, dizziness, difficulty speaking, vision problems, numbness or weakness on one side of the body, and loss of coordination.
If you experience any of these symptoms after chiropractic treatment, call 911 immediately. Prompt treatment is critical to minimizing brain damage.
Why These Cases Are Aggressively Defended
Chiropractic malpractice insurers vigorously defend these claims. They will argue that you consented to the treatment, that the chiropractor followed the standard of care, that your injury was preexisting, or that the injury would have occurred without the chiropractic treatment. They may hire defense experts who will testify that vertebral artery dissection is “spontaneous” and unrelated to manipulation.
These defense strategies can be overcome with strong medical evidence, qualified expert witnesses, and experienced legal representation. The Wetherington Law Firm has the resources and expertise to build a compelling case against the chiropractor’s insurance company.
Contact the Wetherington Law Firm
If you were injured by chiropractor malpractice in Georgia, do not delay in seeking legal representation. Contact the Wetherington Law Firm today for a free consultation. We work on contingency and do not charge fees unless we recover compensation for you.
Call now: (404) 888-1111 | Free consultation