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Chiropractic Error Lawyers
Chiropractic Stroke Cases.
Can Chiropractors Cause Strokes?
If you have ever suffered a stroke or neurological changes following chiropractic treatment, it may have been caused by improper chiropractic care. Chiropractic care is often sought for neck pain and headaches. Registered chiropractors are trained specialists who use their hands or small instruments to apply a sudden, controlled force to a spinal joint to improve your body's range of motion or physical function. When the force is applied to the neck, the vertebral arteries and carotid arteries are involved. Trauma to this area from manipulations may result in the formation of blood clots that travel to the brain and result in neurological damage or stroke from chiropractor care.
While some proponents of chiropractic care contend it is an effective form of treatment for lower back pain, neck pain, headaches, or stiffness, other research suggests that neck manipulation has a risk of causing an injury to the underlying arteries that may lead to a vertebral or carotid artery dissection.
If you or a loved one has been seriously injured as a result of chiropractic care (or lack of care), you should consider seeing a chiropractor malpractice lawyer to discuss whether a medical malpractice claim for damages is available. Gluckstein Lawyers have the knowledge, skill and experience to assist you with these often complex and challenging claims. Together, we can seek compensation as a result of chiropractic negligence.
What is chiropractic care?
Chiropractors are health care specialists who diagnose and treat some forms of neuromusculoskeletal conditions. Chiropractors frequently use physical manipulations on the spine and other joints to provide care for these conditions instead of medicine or invasive surgical treatments.
In addition to physical manipulation, chiropractors may provide soft tissue therapy, cold laser therapy, ultrasound therapy, and advice and education on coping strategies for pain, including learning positions that provide relief.
Ontario's Chiropractic Act establishes that the College of Chiropractors of Ontario (CCO) governs the profession throughout the province. Every practising chiropractor in the province must be a registered member of the CCO and may face fines of up to $50,000 for falsely presenting themselves as registered chiropractors. Whether certified or not, chiropractors can be held liable for medical malpractice if erroneous treatment results in injury.
Chiropractic error injuries.
Under the law, registered chiropractors can assess, diagnose and treat conditions related to the spine, joints and nervous system. A chiropractor may cause an injury by incorrectly performing an adjustment. Although the law states that chiropractors are authorized to adjust the joints of the spine "beyond a person's usual physiological range of motion using a fast, low amplitude thrust," if such an adjustment is performed incorrectly or to part of the body that does not require such an adjustment, it can cause great harm to an individual.
Chiropractic induced stroke caused by cervical (carotid or vertebral) arterial dissection is the most serious form of injury from chiropractic errors. When the inner lining of the vertebral artery (near the back of the neck) is torn by a sudden movement, blood can form a clot if it enters the arterial wall. If this clot causes the blood vessel to narrow, it can restrict blood flow to the brain. Moreover, if some of the clot breaks off, it can travel to the brain and limit or completely block blood flow. While there are risks inherent with any form of chiropractic treatment and health providers are not held to the standard of perfection, if a chiropractor's negligent actions breached accepted standards of care and caused or contributed to your injury, they might be held liable for their malpractice.
Other forms of chiropractic medical malpractice.
Beyond injuries caused by improper chiropractic adjustments, a chiropractor may breach standards of care due to negligence in other ways. Other types of chiropractic medical malpractice include:
- failure to diagnose/refer - if the chiropractor fails to identify a condition in a patient requiring immediate medical attention, a patient may sustain a severe injury or the condition may worsen and cause them harm. If a patient has a medical condition that a chiropractor is not qualified to treat, the chiropractor has an obligation to refer the patient to a medical doctor.
- failure to prepare for a chiropractic manipulation - chiropractors must follow defined guidelines to ensure they have appropriately recorded and evaluated your medical history, conducted a pre-chiropractic examination, and ordered diagnostic imaging when required.
- failure to provide information necessary for informed consent - chiropractors must clearly explain the type of treatment they will provide, the risks involved with such treatment, and alternative forms of treatment available from other medical providers. If this information is not properly communicated and a patient suffers harm, the chiropractor may be liable for damages.
Pursuing a chiropractic malpractice claim.
In chiropractic malpractice claims, the law requires proof of a breach of the standard of care and poof of causation (i.e. but for the negligent act of the chiropractor, would the outcome have been different).
For example, cervical (carotid or vertebral) arterial dissection that results in a stroke can be caused by multiple factors aside from spinal manipulation. High-impact sports, blunt force injuries from automobile accidents, falls, hyper-extension of the neck from sport or exercise, and jolts from fast-moving amusement park rides increase the risk of this type of injury. Moreover, sometimes dissections spontaneously occur if a person has an underlying condition that affects connective tissue and blood vessels.
Often a person experiencing pain from another injury will seek chiropractic treatment. If the patient presents with stroke symptoms following chiropractic treatment for an injury that in itself may increase the risk of a cervical arterial dissection, the chiropractor's defence team could argue a pre-existing condition caused the stroke.
Emergency room doctors have noted anecdotally that when patients presenting with stroke symptoms come to the hospital directly from a chiropractor's office, the temporal association can be difficult to dispute.
Help when you're hurt.
When people visit chiropractors to get treatment for pain, they don't expect to be hurt even further - especially when the chiropractor's negligence causes permanent disability or other serious harm.
In the aftermath of a personal injury caused by someone else's negligence, you may ask yourself. How could a medical professional I trusted to do this? How will I pay for all the medical bills and other expenses from this injury? Who will take care of my loved ones if I can't? Where can I turn for help figuring these things out?
You should know that you are not alone. Gluckstein Personal Injury Lawyers has decades of experience helping people like you during these difficult periods. As one of Canada's top ranked personal injury law firms, our chiropractic error lawyers have earned a strong reputation for their skillful handling of these cases and for getting our clients results.
When you contact our team to schedule a no-cost, no-obligation initial consultation, we will listen to your story with great empathy, clearly explain your rights and options, and outline how we can determine if you have an actionable case. If we believe we can successfully represent you in this matter, we will offer to be your legal advocate at absolutely no cost to you unless we can negotiate a settlement or win an award from the court for your injuries.
A commitment to full-circle care.
At Gluckstein, we treat our clients like our own families. That means our interest in your well-being goes far beyond filing court documents and gathering evidence for your case. We care about you as a person, how your injuries have affected you and your loved ones, and how we can help you on your road to recovery and building your best life possible.
Our renowned client liaisons - some of whom have had their own personal injuries - understand what you may be feeling, anticipate and address any of your questions, and help connect you with resources that will help your healing. Even once a legal case has concluded, we always hope to forge lasting relationships with clients so we can know how you're doing. When you first meet a person at one of the most challenging times in their life, it's always an honour to see how our work has helped them get to a better place.
With little to lose and so much to gain, call us today to learn more about what Gluckstein's chiropractor malpractice lawyers can do for you and your loved ones.
Related Expertise.
FAQs.
- What is Surveillance in Long-Term Disability Insurance?
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Surveillance in the context of Long-Term Disability (LTD) insurance refers to the practice where insurance companies may conduct covert monitoring and observation of claimants to investigate the validity of their disability claims. This surveillance is typically carried out by professional investigators who gather visual evidence, such as photographs or videos, to assess the claimant's activities and functional limitations. Here are key points to understand about surveillance in LTD insurance:
- Purpose: The primary purpose of surveillance is to verify the extent of a claimant's disability and ensure that the reported limitations align with their actual activities. Insurance companies use surveillance as a tool to prevent fraud, confirm the accuracy of claims, and protect the integrity of the LTD system.
- Activities Monitored: Surveillance may involve monitoring various aspects of a claimant's daily life, including physical movements, interactions with others, engagement in recreational activities, and participation in events that could indicate the level of disability.
- Covert Nature: Surveillance is typically conducted covertly, meaning that the claimant is not aware that they are being monitored. This approach aims to capture the claimant's behavior and activities in their natural state without influencing their actions.
- Legal Compliance: Surveillance activities must comply with legal regulations and privacy laws to ensure that the rights of the claimant are respected. Investigators must adhere to ethical standards and obtain evidence lawfully.
- Impact on Claims: The results of surveillance can influence the outcome of an LTD claim. If the surveillance footage contradicts the claimant's reported limitations or suggests misrepresentation of disability, the insurance company may use this information to deny or terminate benefits.
- Frequency: Surveillance is not conducted continuously for all claimants but is often employed selectively based on specific factors, red flags, or suspicions raised during the claims process.
- Balancing Privacy and Investigation: While surveillance is a legitimate tool for insurance companies to verify claims, it raises concerns about privacy invasion and the potential misinterpretation of normal activities as evidence of fraud. Claimants have the right to challenge surveillance findings if they believe their disability status has been misrepresented.
Understanding the role of surveillance in LTD insurance can help claimants navigate the claims process effectively, ensure transparency in their interactions with the insurance company, and seek legal advice if they have concerns about the handling of surveillance activities in relation to their disability claim.
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- Purpose: The primary purpose of surveillance is to verify the extent of a claimant's disability and ensure that the reported limitations align with their actual activities. Insurance companies use surveillance as a tool to prevent fraud, confirm the accuracy of claims, and protect the integrity of the LTD system.
- How Much Money Can I Get From My Long-Term Disability Benefits?
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The amount of money you can receive from Long-Term Disability (LTD) benefits in Ontario is influenced by various factors, including the terms of your specific LTD policy, your pre-disability earnings, and the duration of your disability. Here are key points to consider regarding LTD benefits in Ontario:
- Percentage of Pre-Disability Earnings: LTD policies typically provide a percentage of your pre-disability earnings as benefits. This percentage can vary but commonly ranges from 50% to 70% of your pre-disability income.
- Maximum Benefit Amount: Most LTD policies have a maximum monthly benefit amount, which caps the total benefits you can receive each month. This maximum amount is determined by the terms of your policy.
- Duration of Benefits: The duration for which you can receive LTD benefits varies and is specified in your policy. Some policies provide benefits until retirement age, while others have a limited benefit period (e.g., two years, five years).
- Integration with Other Benefits: LTD benefits may be integrated with other disability benefits you receive, such as Canada Pension Plan Disability (CPP-D) benefits or workplace pensions. The total amount you receive from all sources may be subject to offsets or reductions.
- Tax Considerations: LTD benefits in Ontario are generally considered taxable income. However, if you paid the premiums for the LTD policy with after-tax dollars, a portion of the benefits may be tax-free.
- Cost-of-Living Adjustments: Some LTD policies include cost-of-living adjustments to account for inflation, ensuring that the purchasing power of your benefits is maintained over time.
- Return-to-Work Provisions: Many LTD policies include provisions for partial disability benefits if you can return to work on a part-time basis or in a reduced capacity. These provisions may affect the amount of benefits you receive.
To determine the specific amount of money you can receive from LTD benefits in Ontario, it is essential to review your LTD policy documents, understand the terms and conditions of the policy, and consult with the insurance provider or a legal expert specializing in disability insurance claims. They can provide detailed information on benefit calculations, limitations, and any additional factors affecting the amount of LTD benefits you are eligible to receive.
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- Percentage of Pre-Disability Earnings: LTD policies typically provide a percentage of your pre-disability earnings as benefits. This percentage can vary but commonly ranges from 50% to 70% of your pre-disability income.
- Why Do Insurance Companies Deny LTD Claims?
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Insurance companies may deny Long-Term Disability (LTD) claims for various reasons, some of which are legitimate while others may involve errors, misinterpretations, or disputes. Here are common reasons why insurance companies deny LTD claims:
- Insufficient Medical Evidence: If the medical documentation provided does not sufficiently support the severity or duration of the disability, the insurance company may deny the claim due to a lack of evidence.
- Pre-Existing Conditions: Some policies exclude coverage for pre-existing conditions or conditions that existed before the policy came into effect. If the disability is deemed to be related to a pre-existing condition, the claim may be denied.
- Policy Exclusions: Certain policies have specific exclusions for certain types of disabilities, treatments, or conditions. If the disability falls under an exclusion listed in the policy, the claim may be denied.
- Failure to Meet Criteria: Insurance policies often have specific criteria that must be met to qualify for LTD benefits. If the claimant does not meet these criteria, such as the definition of disability or waiting period requirements, the claim may be denied.
- Incomplete Documentation: If the required documentation, forms, or information are incomplete, missing, or not submitted within the specified timeframe, the insurance company may deny the claim due to insufficient information.
- Discrepancies in Information: Inconsistencies between the claimant's statements, medical records, and other documentation can raise red flags and lead to the denial of the claim.
- Failure to Follow Treatment Plans: If the claimant does not follow prescribed treatment plans, attend medical appointments, or comply with rehabilitation efforts, the insurance company may deny the claim on the basis of non-compliance.
- Occupational Duties: If the disability does not prevent the claimant from performing the essential duties of their occupation as defined in the policy, the claim may be denied.
- Surveillance Results: Insurance companies may conduct surveillance to investigate the validity of a claim. If the surveillance results suggest that the claimant's reported limitations are inconsistent with their activities, the claim may be denied.
- Fraud or Misrepresentation: If the insurance company suspects fraud, misrepresentation of facts, or intentional withholding of information by the claimant, the claim may be denied.
Understanding these reasons for denial can help claimants navigate the LTD claims process more effectively, address any issues proactively, and seek recourse if they believe the denial is unjustified. It's advisable to consult with legal counsel specializing in disability insurance claims to explore options for disputing a denied LTD claim.
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- Insufficient Medical Evidence: If the medical documentation provided does not sufficiently support the severity or duration of the disability, the insurance company may deny the claim due to a lack of evidence.
- What Medical Conditions Qualify for Long-Term Disability?
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Long-Term Disability (LTD) insurance typically covers a wide range of medical conditions that significantly impact an individual's ability to work and perform daily activities. While the specific criteria for qualifying for LTD benefits may vary depending on the policy and insurance provider, here are common medical conditions that often qualify for Long-Term Disability coverage:
- Musculoskeletal Disorders: Conditions affecting the muscles, bones, joints, and connective tissues, such as chronic back pain, arthritis, osteoporosis, and fibromyalgia.
- Mental Health Disorders: Including depression, anxiety disorders, bipolar disorder, post-traumatic stress disorder (PTSD), schizophrenia, and other psychiatric conditions that impair daily functioning.
- Neurological Disorders: Such as multiple sclerosis (MS), Parkinson's disease, epilepsy, Alzheimer's disease, and other conditions affecting the brain and nervous system.
- Cardiovascular Disorders: Including heart disease, congestive heart failure, arrhythmias, and other cardiovascular conditions that impact physical functioning.
- Cancer: Various forms of cancer, including leukemia, lymphoma, breast cancer, lung cancer, and other malignancies that require extensive treatment and cause disability.
- Autoimmune Disorders: Such as lupus, rheumatoid arthritis, Crohn's disease, ulcerative colitis, and other autoimmune conditions that result in chronic symptoms and limitations.
- Chronic Pain Syndromes: Conditions leading to persistent pain and discomfort, such as migraines, complex regional pain syndrome (CRPS), and neuropathic pain disorders.
- Respiratory Disorders: Including asthma, chronic obstructive pulmonary disease (COPD), emphysema, and other lung conditions that impact breathing and physical exertion.
- Endocrine Disorders: Such as diabetes, thyroid disorders, adrenal insufficiency, and hormonal imbalances that affect overall health and functioning.
- Degenerative Diseases: Conditions like osteoarthritis, degenerative disc disease, muscular dystrophy, and other progressive diseases that result in physical decline over time.
It's important to note that each LTD policy may have specific definitions, limitations, and exclusions regarding covered medical conditions. To determine if your medical condition qualifies for Long-Term Disability benefits, consult your policy documents, speak with your insurance provider, and consider seeking guidance from a healthcare provider or legal expert specializing in disability insurance claims.
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- Musculoskeletal Disorders: Conditions affecting the muscles, bones, joints, and connective tissues, such as chronic back pain, arthritis, osteoporosis, and fibromyalgia.
- Can You Dispute Your Denied Disability Claim?
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Yes, you can dispute a denied Long-Term Disability (LTD) claim if you believe that the denial is unjustified or incorrect. Disputing a denied LTD claim involves challenging the decision made by the insurance company and presenting additional evidence or arguments to support your claim for disability benefits. Here are steps to effectively dispute a denied LTD disability claim:
- Understand the Reasons for Denial: Review the denial letter from the insurance company to understand the specific reasons for the denial. This will help you address the issues raised in your dispute.
- Gather Additional Evidence: Collect any new medical records, test results, physician statements, or other relevant documentation that strengthen your case for disability benefits. Ensure that this evidence directly addresses the reasons cited for the denial.
- Consult with Legal Counsel: Consider seeking advice from a lawyer specializing in disability insurance law. A legal expert can assess your case, provide guidance on disputing the denial, and represent you in negotiations with the insurance company if needed.
- Prepare a Detailed Dispute Letter: Craft a comprehensive dispute letter outlining the reasons why you believe the denial is incorrect. Clearly present the additional evidence, explanations, and arguments supporting your claim for disability benefits.
- Submit the Dispute: Send your dispute letter and supporting documentation to the insurance company within the specified timeframe outlined in your policy. Use a method that provides proof of delivery to ensure your dispute is received.
- Engage in Dialogue: Stay in communication with the insurance company throughout the dispute process. Be prepared to provide further clarification, answer questions, or provide additional information as requested.
- Consider Alternative Resolution: If direct negotiation with the insurance company does not lead to a resolution, explore alternative dispute resolution methods, such as mediation, to seek a mutually acceptable outcome.
- Legal Action: If all attempts to dispute the denial prove unsuccessful, you may consider taking legal action against the insurance company by filing a lawsuit. Your legal counsel can guide you through the litigation process and represent your interests in court.
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- Understand the Reasons for Denial: Review the denial letter from the insurance company to understand the specific reasons for the denial. This will help you address the issues raised in your dispute.
- How Do I Appeal Long-Term Disability Denial?
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When faced with a denial of your Long-Term Disability (LTD) claim, appealing the decision is a crucial step to seek reconsideration and potentially secure the benefits you are entitled to. Here are the steps to effectively appeal a Long-Term Disability denial:
- Review the Denial Letter: Carefully review the denial letter from the insurance company to understand the reasons for the denial, the policy provisions cited, and any additional information or documentation required for the appeal.
- Gather Supporting Documentation: Collect all relevant medical records, test results, physician reports, and any other evidence supporting your disability claim. Ensure that this documentation addresses the reasons for denial outlined in the letter.
- Understand the Appeals Process: Familiarize yourself with the specific appeals process outlined in your LTD policy. Note any deadlines for submitting an appeal and follow the prescribed procedures to ensure your appeal is considered.
- Draft a Comprehensive Appeal Letter: Prepare a detailed appeal letter addressing each reason for denial, providing additional evidence, explanations, and arguments supporting your claim for disability benefits. Be clear, concise, and organized in presenting your case.
- Seek Legal Advice: Consider consulting with a lawyer experienced in disability insurance law to guide you through the appeals process, review your appeal letter, and provide legal representation if needed.
- Submit the Appeal: Send your appeal letter and supporting documentation to the insurance company within the specified timeframe. Use certified mail or another method that provides proof of delivery to ensure your appeal is received.
- Follow Up and Maintain Communication: Keep track of your appeal timeline, follow up with the insurance company to confirm receipt of your appeal, and maintain open communication throughout the appeals process.
- Consider Alternative Dispute Resolution: If the appeal is unsuccessful, explore alternative dispute resolution options, such as mediation or arbitration, to resolve the dispute outside of litigation.
- Legal Action: If all appeals are exhausted and your claim remains denied, you may consider pursuing legal action against the insurance company through a lawsuit with the assistance of legal counsel.
By following these steps and seeking professional advice where necessary, you can navigate the appeal process effectively and increase your chances of overturning a Long-Term Disability denial.
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- Review the Denial Letter: Carefully review the denial letter from the insurance company to understand the reasons for the denial, the policy provisions cited, and any additional information or documentation required for the appeal.
- What Types of LTD Claims Can I Sue For?
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In Ontario, individuals with Long-Term Disability (LTD) claims may have legal options to pursue lawsuits in various situations. Some potential types of LTD claims that individuals in Ontario can sue for include:
Wrongful Denial of Benefits: If your LTD claim is wrongfully denied by the insurance company, you may have grounds to sue for a breach of contract or bad faith denial. This can involve challenging the denial based on policy provisions, medical evidence, or procedural errors in the claims process.
Termination of Benefits: If your LTD benefits are terminated unfairly or prematurely, you may have a basis to sue for wrongful termination. This could include situations where benefits are cut off without proper justification or where the insurance company fails to provide adequate reasons for ending payments.
Breach of Fiduciary Duty: In cases where the insurance provider fails to fulfill its fiduciary duty to act in the best interests of the insured individual, leading to harm or financial loss, a lawsuit for breach of fiduciary duty may be pursued.
Disability Discrimination: If you believe you have been discriminated against based on your disability status in the context of your LTD claim, you may have legal grounds to sue for disability discrimination. This can include situations where you are treated unfairly, denied benefits, or subjected to adverse actions due to your disability.
Violation of Human Rights: If your rights under human rights legislation in Ontario, such as the Ontario Human Rights Code, are violated in relation to your LTD claim, you may have the option to bring a lawsuit for human rights violations.
Bad Faith Insurance Practices: In cases where the insurance company engages in bad faith practices, such as unreasonably delaying or denying valid claims, acting in a discriminatory manner, or failing to adhere to legal obligations, a lawsuit for bad faith insurance practices may be pursued.
When considering legal action related to LTD claims in Ontario, it is advisable to seek guidance from a lawyer specializing in disability law to assess the specifics of your case, understand your rights under Ontario laws, and determine the appropriate course of action to seek redress for any injustices related to your LTD claim.
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- What is Disability?
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Disability is a broad term that encompasses physical, cognitive, sensory, or mental impairments that may limit an individual's ability to engage in certain activities or perform tasks compared to the general population. Disabilities can be temporary, permanent, or episodic, and they vary in severity and impact on daily functioning.
Disabilities can result from various factors, including congenital conditions, illnesses, injuries, accidents, or age-related changes. The effects of a disability can manifest in limitations related to mobility, communication, cognition, sensory perception, or self-care, affecting an individual's independence and quality of life.
In the context of insurance, such as Long-Term Disability (LTD) coverage, disabilities are typically assessed based on their impact on an individual's ability to work and earn income. Insurance policies define disability criteria to determine eligibility for benefits, considering factors such as medical evidence, functional limitations, and the individual's capacity to engage in gainful employment.
Understanding the nature of disabilities, their diverse manifestations, and the challenges they pose to individuals is crucial for creating inclusive environments, providing appropriate support and accommodations, and promoting equal opportunities for individuals with disabilities in various aspects of life.
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- How can Gluckstein Personal Injury Lawyers' medical malpractice team help if you suspect you have been injured due to a chiropractic error?
- If you believe you or a loved one was injured due to a chiropractic error, Gluckstein Personal Injury Lawyers' extensive network of medical experts can be called on to review your medical records and help determine if your chiropractor was negligent when providing patient care. If you have an actionable claim, our team can help build a case to persuade the defendant to settle fairly or pursue the matter at trial if necessary. Get More Information
- What are other forms of chiropractic medical malpractice?
- In addition to causing injury through improper physical manipulation, a chiropractor may cause harm to a patient by failing to diagnose a serious condition and refer the patient to a doctor, failing to prepare for chiropractic treatment by properly recording and evaluating a patient's medical history, and failing to provide the information necessary for a patient to provide informed consent to treatment. Get More Information
- What are some examples of injuries caused by chiropractic errors?
- When a chiropractor moves the joints beyond their normal range of motion, serious injury can occur. Strokes caused by cervical (carotid or vertebral) arterial dissection are the most common, and most serious form of injury from chiropractic errors. Other injuries include: nerve damage (numbness or tingling sensations), vertigo, spinal stenosis, herniated discs, pinched arteries, muscle weakness, facial paralysis, incontinence from bladder and bowel paralysis, and aggravating bone diseases. Get More Information
- What is chiropractic care?
- Chiropractic care is used to treat certain neuromusculoskeletal conditions. Chiropractors frequently use physical manipulations on the spine and other joints to provide care for these conditions as opposed to using medicine or invasive surgical treatments. Chiropractors may also provide soft tissue therapy, cold laser therapy, ultrasound therapy, and advice and education on coping strategies for pain. Get More Information
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