Blog
14496 John Humphrey Drive, Suite 100, Orland Park, IL 60462
Search
Schwartz Injury Law

CALL TODAY FOR A FREE CONSULTATION

Orland Park Office708-226-9000

Joliet Office815-723-7300

Glen Ellyn Office630-273-7330

Elmhurst Office630-415-0500

Can I Bring a Medical Malpractice Claim Against My Chiropractor?Chiropractic medicine primarily concerns the diagnosis and treatment of disorders involving the musculoskeletal system. Chiropractors may use a variety of techniques including manual manipulation of the spine and soft tissues to relieve pain, restore mobility, and promote wellness. This particular field of medicine is often the subject of controversy and debate. Some people swear by the relief chiropractic treatment gives them while others believe the practice to be little more than pseudoscience. If you or a loved one were injured by a chiropractor, you may wonder whether or not you have a valid medical malpractice claim.

Injuries That May Be Caused by Negligent Chiropractic Care

Chiropractic treatment often involves the chiropractor using his or her hands or instruments to apply force to joints and muscle tissue. These treatments, called “adjustments,” are typically intended to relieve back pain and stiffness, neck pain, headaches, and other physical ailments. However, some patients find that chiropractic care actually worsens their conditions or creates new health problems. In fact, one study suggested 30 to 61 percent of all chiropractic patients experience some type of adverse effects from the treatment. Chiropractic adjustment may cause problems including but not limited to:

  • Vertebral artery dissection that can lead to a stroke
  • Herniated disc or worsening of an existing herniated disc
  • Compression of the nerves in the lower spine (cauda equina syndrome)

When is a Chiropractor Liable for a Patient’s Injury?

Although they are not medical doctors, chiropractors still have a legal obligation to provide competent medical treatment to patients. Most medical malpractice claims are based upon professional negligence. A chiropractor may be considered negligent if he or she:

...

Common Birth Injuries That Can Be Caused by Medical NegligenceGiving birth to a child is one of the most miraculous experiences that a person can have. Sadly, some births do not go as planned. Research shows that about seven out of every 1000 births results in a birth injury. Some of these birth injuries are unavoidable. Others, however, are the result of negligence or wrongdoing by a doctor, nurse, or another medical professional. When medical malpractice causes an infant to be seriously injured, the results can be devastating.

Babies With Certain Risk Factors Are Most Likely to Be Injured During Birth

Infants are more likely to be injured during birth when medical devices such as a vacuum extractor or forceps are used. Some of these injuries are only superficial cuts and bruises but others, such as intracranial hemorrhages, can cause serious, long-term damage. Babies are also more likely to suffer injury if they:

  • Are born prematurely
  • Are very large
  • Have a breech presentation
  • Experience excessive traction or rotation during delivery

However, birth injuries can still occur even when no risk factors are present.

...

Can Cerebral Palsy Be Linked to Medical Malpractice?Cerebral Palsy (CP) is a congenital disorder that affects an individual’s muscle movement, tone, and posture. Because it hinders the body’s ability to move in a coordinated manner, people that are diagnosed with CP may need assistance with bodily functions such as breathing, eating, and motor skills. Since CP is often caused by brain damage that occurred either before or during a child’s birth, early detection can help parents establish a medical malpractice lawsuit. If you suspect that a doctor, nurse, physician, or medical staff member acted negligently during your pregnancy or at the time of birth, it is important to speak with an experienced birth injury attorney.

What Can Cause Cerebral Palsy?

According to the Centers for Disease Control and Prevention (CDC), CP is the most common motor disability found in children. Although the explanation of CP is not always known, there are several causes that can be linked to the disorder, such as:

  • Genetic illness
  • Low birth weight
  • Untreated jaundice
  • Premature birth
  • A stroke in the womb or after birth
  • Lack of oxygen reaching the brain
  • Infections during pregnancy
  • Medical problems faced by the mother during pregnancy

The failure of medical professionals to act accordingly throughout pregnancy or the birthing process can also lead to CP. For instance, if infections or changes in heart rate go undetected, the doctor or nurse may be held liable. Furthermore, the careless actions of a medical staff member may lead to CP. Improper tool use, medication errors, or administrative mistakes can be linked to medical malpractice.

...

Three Common Medical Errors Every Patient Should be Aware OfWhile medical malpractice is nowhere near a new issue in the healthcare industry, many media reports and study findings within the last few years have surfaced among the general public, bringing attention to seemingly more medical errors in the community than ever before. In recent years, experts from John Hopkins University shared findings from data that spanned over an eight-year period, revealing that more than 250,000 deaths per year have been attributed to medical error in the U.S. Researchers emphasized that a majority of these errors point to systematic errors, such as poorly coordinated care, problems within insurance networks, and the lack of or underuse of proper protocols. Whatever the source responsible for any given medical error, however, thousands of patients have been and continue to be seriously affected by negligence in the medical community.

The Most Common Causes of Medical Malpractice

The medical community is vast, with a variety of different kinds of medical malpractice cases, but these top three forms of medical error are some of the most notorious in the news today: 

  1. Medication errors: An astounding number of reports – more than 100,000 – make their way to the U.S. Food and Drug Administration (FDA) each year, suspecting pharmacy medication errors. Whether the pharmacy applies an incorrect label on your prescription bottle, fills the wrong medication, or dispenses the wrong dosage on behalf of the doctor’s instructions, medication errors frequently occur, causing all kinds of problems for unsuspecting patients. Many patients are unaware of the error and go on to take the incorrect dose or medication until long after the problem is discovered, or they experience serious side effects that alert them to the fact that something is wrong. One of the best ways to protect yourself from this risk is to research the medication you are prescribed thoroughly and to do before you even pick up your prescription at the pharmacy. Be proactive, discuss the details of your medicine with your doctor, as well as the pharmacist, and do not be afraid to ask questions.
  2. Misdiagnosis: Another error that occurs all too often is the misdiagnosis of a condition. At times, misdiagnosis may not necessarily be a matter of receiving an incorrect diagnosis directly from a doctor, but instead being attributed with an incorrect condition due to the wrong diagnosis code attributed to your record. Faulty communication, both written and verbal, can create serious discrepancies in the documentation of your health care. These kinds of errors can also trickle down into your insurance records, further complicating matters. Protect yourself from misdiagnosis by researching your symptoms, talking about them in-depth with your doctor, taking notes and asking questions, and most of all, not hesitating to seek out another opinion if something does not feel right.
  3. Missed diagnosis: A missed diagnosis all together can be just as dangerous as an incorrect diagnosis given. Whether your doctor diagnosed you with a condition too late or not at all, if you discover what was wrong later on, perhaps under the care of another provider, you may be the victim of faulty medical practice. Being an advocate for your own health is one of your best defenses against these kinds of errors. 

Contact an Orland Park Medical Malpractice Attorney

If you find you have become another medical malpractice statistic and are experiencing symptoms of injury, it is critical to speak with a skilled, knowledgeable DuPage County personal injury lawyer, who can evaluate your case, protect your rights, and advocate for your health and wellbeing. Schedule a free consultation today by calling Schwartz Injury Law at 708-226-9000. 

...

Orland Park birth injuries attorneysThe main concern with every birth is getting the baby out safely, but the mother’s health also must be observed carefully. According to a recent report by USA Today, the preventable deaths of mothers during childbirth are on the rise in the country.

The report notes that one of the main causes of mothers’ deaths is hemorrhaging, or rapid blood loss that would go untreated by the hospital staff. Of these cases, 90 percent were avoidable, according to report, which means they could provide the basis for medical malpractice lawsuits.

Frightening Numbers

The report concluded that approximately 700 mothers die in childbirth a year across the country (15 per 10,000 births in Illinois from 2012-16), and at least half of them could have been saved if the mothers had been given better attention. These numbers are rising from year to year while other countries continue to reduce the death rate of mothers.

...
To Top