When a Chiropractor’s Malpractice Causes a Stroke
Caitlin Jensen, a student at Georgia Southern University, was 28 years old when she began feeling sick and dizzy after a chiropractor adjusted her neck. Caitlin called 911 and was rushed to the hospital, where doctors discovered four torn blood vessels in her neck. This arterial dissection caused a stroke, stopping Caitlin’s heart for ten minutes and changing her life forever.
Nine months later, Caitlin finally regained the ability to speak, but her recovery journey was only beginning.
Arterial tears like Caitlin’s are the most common adverse side effect of chiropractic spinal manipulation. And while certainly not a routine outcome for a typical chiropractic visit, some studies estimate that mildly adverse side effects occur in at least 30% to 60% of patients.
What Is an Arterial Dissection, and How Do I Know if I Have It?
An arterial dissection happens when the inside wall of an artery rips, allowing blood to seep into the inside lining. In severe cases, blood can leak outside the vessel and cause a heart attack, stroke, paralysis, and even death.
Any neck trauma—such as a car accident or sporting injury—can result in an arterial dissection. However, these tears are also a serious and well-known side effect of standard chiropractic treatment—especially manipulation of the upper neck region. Sometimes, these tears heal independently without adverse effects on patients. But others like Caitlin aren’t so lucky.
Symptoms that preclude a life-threatening scenario may include:
- Slurred speech.
- Weakened muscles or clumsiness.
- Numbing sensation on one or both sides of the body.
- Sensory loss.
- Vertigo.
- Trouble swallowing.
- Neck pain—usually on the same side as the dissection.
In some cases, signs of distress occur within hours, but others take weeks to manifest. As a result, many patients never make the connection between their injury and chiropractor malpractice.
What Is Chiropractor Malpractice?
A chiropractor is guilty of malpractice whenever a patient is injured because they failed to meet a certain standard of care.
Injuries stemming from chiropractor malpractice generally fall under one of two categories:
- Failure to Diagnose. In these situations, a chiropractor fails to properly diagnose an existing problem. As a result, the injury goes untreated and gets worse. Whether this happens because the chiropractor misread an x-ray or forgot to relay important information to their patient, failure to diagnose is a severe breach of their duty of care and could result in damages.
- Improper Treatment. Here, a chiropractor administers treatment to their patient improperly or negligently, and those actions cause direct harm. This is the type of malpractice Caitlin Jensen experienced, and it demonstrates how serious injuries can occur when a chiropractor makes an over-aggressive manipulation or improper adjustment.
Unfortunately, without an organized system for holding chiropractors accountable, it’s impossible to know just how common these scenarios are—especially since many chiropractors settle out of court. As a result, patients like Caitlin often don’t even realize what went wrong or who to hold accountable for their injuries.
How Much Compensation Will I Receive From My Malpractice Suit?
You may be entitled to damages if you were injured because of chiropractor malpractice. This amount is determined case-by-case, so there’s no guaranteed number. Instead, a judge or jury will carefully consider the facts of your case and order an amount that meets the needs of your unique situation.
In Michigan, there are two main types of personal injury damages. These include:
- Economic damages, such as lost wages and medical bill reimbursement.
- Non-economic damages, including pain and suffering, disability, and loss of quality of life.
When a chiropractor settles outside of court, the award typically includes compensation for both types of damages. However, determining an amount isn’t always easy, especially if a patient is partially to blame for their injury.
Fault Can Affect Personal Injury Damages
When it comes to personal injury law, Michigan follows what’s known as the doctrine of modified comparative fault. Under these rules, the court can consider each party’s fault and assign damages accordingly.
For example, if your judge or jury decides you’re 30% at fault in a $90,000 injury case, your damages will be reduced to $60,000. This amount could fluctuate even further if the fault is split between multiple parties.
To ensure your rights are protected and you receive the total amount of damages you’re entitled to, it’s essential to have an experienced personal injury attorney fighting for your rights.
Were You Injured Because of a Chiropractor’s Malpractice?
If you’ve suffered a stroke or other injury because of a chiropractor’s malpractice, we want to hear from you. Contact Sommers Schwartz today for a free consultation, and let us help you get the compensation you deserve.
Richard Groffsky focuses his practice on medical malpractice and personal injury litigation, and has represented victims of devastating brain injuries and birth injuries in Michigan, Ohio, Illinois, Indiana, South Carolina, and Georgia in significant brain injury and birth injury cases.