This page is about medical malpractice lawsuits against chiropractors and settlement amounts and jury awards in these cases.
Chiropractic Malpractice Lawsuits
There are not that many chiropractor malpractice cases. Is it that chiropractors are particularly competent health care providers? No. Not at all. But chiropractic negligence usually does not result in serious injury.
Most of the chiropractic malpractice lawsuits our lawyers get calls on are negligent manipulation cases where the injury is not particularly serious by viable malpractice case standards and proof of what caused what is usually an exacerbation of a preexisting condition and is a challenge. If you have a case like this – where there is clear malpractice but the injuries are relatively minor – our firm will not help you and you will likely have a hard time finding a lawyer. That is not fair. But it is reality.
That said, there are sometimes significant claims made against chiropractors. Because they do not have the halo effect that doctors have with juries, there is a very level playing field for plaintiffs filing suit against them. Stunningly, chiropractors are trusted less in most communities than lawyers (but ahead of Congress, of course). Which really is saying something.
Standard of Care and Expert Testimony in Chiropractic Malpractice Case
The standard of care applied in these cases is different than the standard that would be applied to a medical doctor. Medical malpractice law holds chiropractors to the standard of the use of the same degree of care and competence as other ordinary, prudent chiropractors.
Chiropractors Need to Stay in Their Lane
It is a battle for chiropractors who have a patient who is outside of the garden variety patient. Many are not trained to accurately diagnose and refer patients to the right medical doctor who can solve their problems.
That is not a knock on them. This is a good time to mention that many of our clients think a chiropractor is the most skilled medical provider they have based on their real-world experience of getting treatment for pain. But chiropractic schools do not adequately prepare these health care providers to function as primary care physicians. A PCP is what is required to catch many ailments that a health care provider needs to catch to keep a patient safe.[Let’s interrupt this post for a safety alert. There is a way for patients to protect themselves against some risks of chiropractor malpractice: get a medical doctor to evaluate them and bless the work that the chiropractor is doing. So many patients now go just to the chiropractor. It is just not something you should do.]
Do You Need an Expert in a Chiropractor Malpractice Claim?
Do you need an expert in a chiropractor malpractice case? Some states view a chiropractor’s negligence as ordinary negligence. I would never take the risk of going to trial in anything resembling a medical malpractice case and not come armed with an expert.
Chiropractors are still licensed medical providers in, I believe, every state. As such, they hold themselves out — and implicitly the state holds them out — as capable of providing treatment for human ailments and assumes these duties and responsibilities as any other healthcare provider.
Types of Chiropractor Malpractice
There are no good chiropractic malpractice statistics. But our lawyers have a good sense of lawsuits being filed against chiropractors.
Malpractice lawsuits against chiropractors often fall into one of two categories: (1) failure to diagnose a medical condition that needs immediate care, and (2) harm to the patient from the treatment itself.
Failure to Diagnosis a Medical Condition that Demands Immediate Care
These cases are sometimes tricky, and it goes back to what I just talked about: how much knowledge and experience do you expect a chiropractor to have? Typically, what you see in these cases is a know-it-all chiropractor who presents themselves essentially as a medical doctor, just with more wisdom and real-world common sense, who suddenly transforms at trial into an “I’m just a chiropractor with limited medical training.”
So do we require chiropractors to be able to diagnose a patient’s spine that has been weakened by metastatic bladder cancer or multiple myelomas? I think the answer to these types of issues is yes and no. We cannot expect a chiro to know what the problem is. But they should have the medical training to identify a problem and, if nothing else, send them to their primary care doctor.
Harm to the Patient from the Chiropractic Treatment
Most of these cases are negligent manipulation that occurs during the treatment when a chiropractor is making an adjustment to the patient that either creates a new injury or exacerbates an existing one. Negligent chiropractic adjustments can cause herniated discs, neck injuries, nerve damage, and other injuries.
There is an even bigger problem: a chiropractic-induced stroke. This is not a failure to diagnose the issue. This is when the chiropractor’s treatment causes a stroke. How does this happen? Arteries to the brain can become ruptured or blocked by the chiropractor’s manipulation of the patient’s neck. The vertebral artery is especially at risk because it wraps around the cervical vertebra entering into the head. This can cause a blot clot which cuts off the flow of blood and oxygen to the brain.
How Much Is a Chiropractor Malpractice Claim Worth?
The trial or settlement value of a chiropractor malpractice claim depends, of course, on the injuries and how strong the liability case is, just like any other malpractice claim.
Keep in mind that these are the verdicts in these cases. Sample verdicts and settlements do not and cannot predict the value of individual cases. Still, they can be a lens, along with other tools, to putting a dollar figure on these claims.
Normally, we provide this kind of caveat and then we give you an average settlemement payout estimate. But we cannot do that here.
Victories in Malpractice Lawsuits Against Chiropractors Are Rare
Let me tell you something else you should know. To find all of these plaintiffs’ victories at trial I found below, I had to walk over a lot of defense verdicts. I mean a lot.
I’ve gone back as recently as March 2023 to look for new verdicts for victims and I cannot find any. That does not mean there are not some successful settlements and verdicts against chiropractors out there over the last two years. But I found just one new verdict. And I sure found a lot of defense verdicts.
What does this mean to you if you are suing a chiropractor? It means you better have a good case that is grounded in good science to have a chance to win.
There is also a chicken and the egg problem. There average chiropractor malpractice lawsuit does not have large damages. Large damages attract the best lawyers. It is hard to win a malpractice case – any malpractice case – with an average malpractice lawyer.
- Spinal manipulation chiropractic malpractice statistics
- The lawsuit that transformed chiropractic care
Example Chiropractic Malpractice Settlements and Verdicts
Below are examples jury payouts and settlements in chiropractice malpractice lawsuits. Will these sample settlement amount and jury awards help you determine the settlement payout you can expect in your case? No. But they do give you a flavor for how juries and lawyers have valued cases that is somewhat instructive.
- 2022, Connecticut, $856,971: Plaintiff claimed he suffered a herniated disc after osseous side/lateral manipulation performed by a chiropractor. His chiropractice malpractice lawsuit alleged the provider was negligent for failing to verify before the maneuver whether he suffered from neurological or disc-related issues. Plaintiffs called four expert witnesses – two neurosurgeons and two chiropractors. The defendant called one nuerosurgeon
- 2019, Florida, $14,031,841 Verdict: A man sustained spinal nerve damage and the aggravation of his pre-existing lower back condition after he underwent chiropractic manipulation under anesthesia, a subsequent discectomy, and another chiropractic manipulation. He contended that the chiropractor performed unnecessary procedures that caused his injuries. The jury awarded a $14,031,841 verdict that included $3,417,624 in loss of consortium that the man’s spouse recovered. Is this size verdict typical of a chiropractic malpractice settlements and verdicts? Definately not.
- 2018, Michigan, $1,040,538 Verdict: A deputy sheriff visited a chiropractor for treatment of his lower back pain that had been ongoing for three weeks. After undergoing an adjustment, he fell to his knees in the parking lot. An ambulance transported him to a local emergency room, where staff diagnosed him with two lumbar disc tears. He sued the chiropractor and the practice she worked for. The man alleged that she performed the adjustment too aggressively. He contended that she should have ameliorated his back spasms before the adjustment. The man also maintained that the adjustment caused his tears, which necessitated surgery. The defense contended that he had pre-existing disc herniation and that his adjustment did not directly cause his injuries. They also argued that it was done properly. The jury awarded the man a $1,040,538 verdict.
- 2017, Mississippi, $1,000,000 Settlement: A pilot visited a chiropractor four times for a cervical spine adjustment. Following her adjustments, she sustained a cerebral artery dissection which caused a stroke. She underwent hospitalization and therapy. However, she continued to experience disabling deficits despite treatment. Her chiropractic expert contended that the treating chiropractor’s adjustments were inappropriate. On the fourth day of trial, the woman agreed to settle for the chiropractor’s $1,000,000 policy limit.
- 2017, California, $320,000 Verdict: Plaintiff sued her chiropractor for sexual battery when he touched her breasts and genitals during chiropractic treatment sessions following a car accident. The jury in Los Angeles awarded $300,000 in compensatory damages and another $20,000 in punitive damages. This case is a one-off from the rest of the verdicts on this list. But chiropractors and other health care professionals abusing their position to sexually harass and assault patients is far from uncommon.
- 2016, Washington, $6,200,000 Verdict: Plaintiff received regularly chiropractic therapy treatment from the defendant chiropractors following a workplace injury in which the plaintiff struck and injured his head. The plaintiff suffered a chronic subdural bleed and suffered permanent brain damage and cognitive impairment. He sued his chiropractors claiming that they should have recognized the signs of his serious condition, performed appropriate testing nervous system, and referred him to a medical doctor for evaluation of his brain injury symptoms. Prior to trial, the court granted the plaintiff’s summary judgment motion rejecting a contributory negligence defense and finding that the defendants had breached the chiropractic standard of care. The case went to trial on damages and the jury awarded $6.2 million.
- 2016, Washington, $1,000,000 Settlement: 34-year-old plaintiff sought treatment from the defendant chiropractor for sudden pain on the right side of his neck. Defendant diagnosed him with thoracic and lumbar joint dysfunction but never took any X-rays or referred him for an MRI. Following chiropractic treatment, the plaintiff’s symptoms got worse, and he lost his sense of taste, experienced nausea and dizziness, and was occasionally unable to walk. In response, the defendant gave additional chiropractic treatment instead of referring him to a medical doctor. A few days later plaintiff came back with symptoms of a stroke and finally the defendant chiropractor sent him to the hospital – but not until after administering another round of unsuccessful chiropractic therapy. At the hospital, an MRI revealed dissection of three cervical arteries causing acute left cerebellar and right parietal stroke. The neurologist at the hospital indicated that the stroke was possibly the result of the recent chiropractic neck manipulations. The malpractice action against the chiropractor was settled quickly for policy limits of $1 million.
- 2015, Florida: $100,000 Verdict. A female minor with severe scoliosis is receiving chiropractic treatment administered by the defendant and suffers extreme curvature of the spine, compromised thoracic, and lung capacity. These injuries led to extensive surgery and permanent damage. The plaintiff’s parent and guardian brought her to the defendant chiropractor in order to decrease the lateral curvature of her spine. The plaintiff’s suit alleged that the defendant chiropractor failed to properly monitor the effect or lack of benefit of the treatment and failed to refer the minor to an orthopedic specialist sooner. The defendant denied negligence and that the plaintiff’s parents were specifically informed and aware that the minor needed surgery and if left untreated would become more severe. Court documents should that the parents declined surgery because of the costs. The jury found the defendant 25% negligent and the parents 75% negligent. The jury awarded the plaintiff $20,000 for past pain and suffering and $80,000 for future pain and suffering.
- 2013, Alabama: $577,000 Verdict. Plaintiff, a 42-year-old accountant, suffered an onset of stroke symptoms immediately after a neck adjustment with a chiropractor. Plaintiff began treatment with a chiropractor as a result of neck pain. Immediately after the Plaintiff’s fourth session, he vomited and had slurred speech. He was transported to a hospital where he remained for 11 days, diagnosed with tears of the vertebral and carotid arteries on the left side of his neck. Plaintiff filed suit against the chiropractor alleging that the adjustment procedure caused the stroke. Defendant argued that the Plaintiff had a vertebral artery dissection that was in progress at the time of the treatment. After a five-day trial, the jury sided with the Plaintiff and awarded $577,000.
- 2013, Pennsylvania: $21,500 Verdict. A woman files suit against her chiropractor and the chiropractic group claiming that he negligently performed a cervical manipulation causing injury to her neck. Plaintiff, who initially sought treatment for back pain, reported immediate and severe neck pain to her chiropractor after he performed a manipulation. He, however, failed to address her concerns. For two weeks, she repeatedly called the chiropractor and reported the excruciating neck pain. Weeks later, he performed another cervical manipulation with no relief. Plaintiff subsequently had x-rays performed which indicated an old fracture. Plaintiff was referred to an orthopedist and underwent several operative procedures and injections. Plaintiff’s suit alleged that the defendant negligently manipulated her neck, causing injury to her spine, and failed to immediately refer her to a qualified physician as soon as she reported the neck pain. Defendant denied all allegations of negligence and claimed that on the day of the cervical manipulation, Plaintiff agreed to the neck adjustment after complaining of neck pain. Defendant further alleged that the injury on the x-ray was old and not related to the adjustment. The jury found for the Plaintiff and awarded $21,500 in damages.
- 2012, New Jersey: $14,596,000 Verdict. Plaintiff, 46 years old, presents to his primary care physician with neck pain. He is referred to a chiropractor after being diagnosed with a cervical sprain. A week later, the Plaintiff suffers a herniated disc at C5-6 that compressed his spinal cord, leaving him paralyzed from the check down. He files suit against the primary care physician and chiropractor, claiming that both failed to correctly diagnose the seriousness of his cervical injury. He further argues that a possibly serious bulging disc should not have been manipulated by chiropractic treatment. Each defendant blamed the other. The chiropractor settled before trial for an undisclosed amount. The case proceeded to trial against the primary care physician. Plaintiff and his wife were awarded $14,596,000. The jury allocated 95% liability to the chiropractor, and 5% to the primary care physician. When the verdict was molded to reflect the allocation of negligence, the primary care physician was obligated to pay $729,800.
Types of Chiropractor Malpractice Lawsuits
You can see from the settlements and verdicts above there are recurring chiropractic malpractice themes: There are six types of case we see:
- Failure to refer to a specialist: If a chiropractor fails to refer a patient to a specialist when necessary, the patient’s condition may worsen, resulting in a malpractice claim. These are often viable claims because of the number of conditions if not treated promptly that can cause permanent injury or death. The best cases are when the doctor charts a concern that should be investigated and tells the patient to do nothing.
- Sexual misconduct: If a chiropractor engages in any form of sexual misconduct with a patient, it is considered malpractice and may result in a lawsuit. These are strong cases but the chiropractor has to have asserts or insurance that covers this conduct.
- Misdiagnosis or delayed diagnosis: If a chiropractor fails to properly diagnose a patient’s condition or delays the diagnosis, the patient may suffer harm or experience prolonged pain. The problem with these cases is getting an expert to testify that the delay caused permanent injury which is rarely the case.
- Improper treatment: Chiropractors must use proper techniques and treatments when working with patients. If a chiropractor uses an incorrect treatment method or applies excessive force during an adjustment, it may result in injury.
- Failure to obtain informed consent: Chiropractors are required to obtain informed consent from patients before performing any treatment. If a chiropractor fails to obtain the patient’s consent or misleads the patient about the risks and benefits of treatment, it may result in a malpractice lawsuit.
- Breach of confidentiality: Chiropractors are required to maintain patient confidentiality. If a chiropractor discloses a patient’s personal information without their consent, it may result in a malpractice lawsuit. These cases are rarely viable because the damages do not support a large enough verdict.
Chiropractor Appellate Opinions
- Clawson v. Heights Chiropractic Physicians (Ohio 2022): Supreme Court of Ohio rules a chiropractor’s employer cannot be used because the statute of limitation had passed
- Yagodinski v. Sutton (Nebraska 2021): This is not a chiropractic malpractice case but it is still instructive. The Nebraska Supreme Court ruled that a licensed chiropractor is generally qualified to testify as an expert on any matter that is within the scope of chiropractic practice and licensure in Nebraska. But a chiropractor cannot testify, as he tried to in this case, to the cause of a traumatic injury claim. The court specifically rejected the ideat that a chiropractor are authorized to diagnose human disease without limitation.
- Cucchiara v. Funicelli (New York 2020): The court dismissed a chiropractic malpractice lawsuit that alleged failing to diagnose adenocarcinoma of the skin on the decedent’s head and neck and refer him to an appropriate specialist. But the case is more about the plaintiffs’ failure to proffer enough evidence than the core issue of whether a chiropractor has a duty to spot cancer symptoms in a patient.
- Learn more about chiropractic malpractice claims and get more sample verdicts and settlements
- What is the value of your malpractice case? Often, the key variable is the type of injury.
- An example of a lawsuit against a chiropractor filed in Maryland
- Frequently asked questions about your potential malpractice claim
Hiring a Malpractice Attorney for Your Case
If you have sustained an injury caused by the negligence of a chiropractor, contact us now. You need to be aware that there are certain laws that can prevent you from bringing a claim after a certain period, so it is important to act quickly. Our lawyers will work with you to determine whether you have a valid claim. But the key for our law firm is the injuries must be extremely serious. Contact us at 1.800.553.8082 or online here