Can Chiropractors Be Sued for Medical Malpractice?
After going to the chiropractor, you expect to feel less pain and leave refreshed. However, this isn't always the case. You may be the victim of a negligent chiropractor who leaves you injured. If this happens to you, a medical malpractice lawyer can help you understand more about your legal options for recovery.
At Moody Law, P.A., accident attorney Daniel D. Moody can help you work through the facts of your injury to determine if a chiropractor can be sued for medical malpractice in your case. Chiropractic injury victims in Lakeland, FL, and Winter Haven, FL can work with Moody Law, P.A. to maximize recovery.
Florida Law Allows Medical Malpractice Claims Against Chiropractors
Florida Statutes § 766.202 lists the healthcare providers covered under Florida's Medical Malpractice Act, including licensed chiropractors, as outlined in Florida Statutes Chapter 460.
You can sue a chiropractor for medical malpractice if the treatment they provide doesn't meet professional standards, and you are injured due to the negligent treatment. You will need to build your claim to show certain elements are true in your situation and prove fault on the part of your chiropractor.
How Do I Prove Fault if I Am Hurt by a Chiropractor?
According to Florida Statutes § 766.102, if a chiropractor hurts you, you must prove by a greater weight of evidence that your chiropractor breached the prevailing standard of care for the profession. All doctors in Florida, including chiropractors, have a duty under the law to provide adequate treatment that aligns with required standards related to:
- Level of care
- The specific treatment
You need to show that your chiropractor's care wasn't appropriate for professional standards to prove fault. Next, you will need to prove the inadequate treatment was the reason for your injuries and that you have suffered losses because of this.
How Long Do I Have to Sue a Chiropractor for Medical Malpractice?
In Lakeland, FL, and throughout the state, Florida Statutes § 95.11(4) (b) gives victims of chiropractor malpractice two years from the date they discovered or reasonably should have discovered the injury to file a lawsuit. Additionally, there is also a time limit of four years total for you to bring your case.
The law also outlines an extension if your chiropractor lied, concealed information, used fraudulent measures, or misrepresented facts to try to hide the injury. In this case, the statute of limitations is extended two years from the time of discovery or to a maximum of seven years.
Florida Chiropractors Are Required To Have Medical Malpractice Insurance
Under Florida Administrative Code Rule 64B2-17.009, all chiropractors are required to maintain professional malpractice insurance. The insurance requirements set the limits at $100,000 for a single event and a minimum of $300,000 annually.
You may be able to look directly to your chiropractor's insurance company if you are hurt because of medical malpractice. The insurance policy would pay out your settlement compensation up to policy limits.
How Can a Medical Malpractice Lawyer Help?
Working with a medical malpractice lawyer can help you in several ways, including:
- Make sure you meet the statute of limitations
- File all required paperwork, especially medical malpractice specific notices
- Gather evidence and look for any past malpractice complaints or actions against the chiropractor
- Negotiate with the chiropractor and their insurer
- Handle all aspects of your legal claim so you can recover from your injuries
Contact the Medical Malpractice Lawyers at Moody Law, P.A Today
If you have been hurt by a chiropractor, you have legal options to recover the compensation you deserve. Attorney Daniel D. Moody is dedicated to providing individualized and high-quality services to all of our clients. We can help you work to build a strong claim for medical malpractice after a chiropractic injury. Call us in Lakeland at (863) 284-9090 to schedule a consultation to see how we may be able to help.