Chiropractors Can Be Guilty of Medical Malpractice

Illustrating once again that chiropractors can be guilty of medical malpractice, a County Coroner’s Office has confirmed that a single mother, working model, self-proclaimed “queen of Snapchat,” and beloved daughter died as a result of an injury suffered at a chiropractor’s office. Read on to learn more about the heartbreaking story, and get helpful information about medical malpractice from our Houston medical negligence attorney.

Katie May, 34, a model for GQ, Playboy, and many ad campaigns, died from what the coroner determined was a vertebral artery dissection (VAD). The VAD injury occurred at a chiropractor’s office where she was receiving care.  She posted to Twitter during a professional photo shoot that she was going to visit a chiropractor for neck pain and a suspected pinched nerve.  She died a few days later after feeling sick and going to the emergency room for treatment.

The day after she went to the emergency room, she was declared brain dead. The cause of death was ruled to be VAD, which is described as a “tear in one of the major arteries that carries blood to the brain”. This unfortunate injury is actually more common than chiropractic patients would like to believe.

What is a Vertebral Artery Dissection (VAD)?

VAD is a relatively rare, but increasingly recognized, cause of stroke in patients younger than 45 years old.  There are different types of VAD, but the type that people can get from a chiropractor’s visit is called traumatic VAD, or sometimes traumatic vertebral dissection.  Technically speaking, it is a flap-like tear of the inner lining of the vertebral artery, located in the neck, which supplies blood to the brain.  After the tear, blood enters the arterial wall forming a blood clot, often impeding blood flow.  It is this blood flow blockage that can cause a stroke, and unfortunately that is what happened to Katie May.

What Are The Causes of VAD?

Traumatic VAD is a result of physical trauma to the head, often from blunt force.  Whiplash victims in car crashes can suffer a vertebral dissection, as do those that have sustained a forceful blow to the neck.  VAD can also occur after what chiropractors call “adjustments” where there are rapid twists of the neck.  Negligent chiropractic adjustments where too much force is used can not only cause herniated discs, neck injuries, nerve damage, but also what is known as chiropractic-induced stroke.

The vertebral artery is especially at risk during adjustments because it wraps around the cervical vertebra entering the head.  As such, injuries sustained during adjustments can cause a vertebral dissection, and thus a blood clot will cut off blood and oxygen to the brain and cause a stroke.

What Are The Symptoms of VAD?

Naturally, symptoms among VAD sufferers vary, but these are the most common:

• Pain and numbness in the face [most common]
• Head pain, typically in the back of the head
• Difficulty speaking or swallowing
• Loss of taste
• Hiccups
• Vertigo
• Loss of vision in one or both eyes
• Drooping eyelids
• Constricted pupils
• Hearing loss

The focal signs may not appear until after a latent period lasting as long as three days, however, and delays of weeks and years also have been reported.

Anyone who has experienced adverse side effects after a medical procedure should get medical attention right away. Next, they should contact a medical malpractice attorney to determine if their legal rights have been violated, such as by negligence, medical errors, or substandard care. At MedMalFirm.com, we can help you determine just that.

What Types of Medical Malpractice Claims Can Be Brought Against Chiropractors?

There are two major types of chiropractic medical malpractice cases:

1. Manipulation That Causes Injury: Spinal adjustments are serious procedures and they require expert care and well-trained professionals.  Adjustment results can be catastrophic if chiropractors fail to properly diagnose a patient, do not take a complete medical history, or incorrectly execute the procedure.  An adjustment-related mistake can exacerbate existing injuries, create new injuries, cause permanent injuries, or in Katie May’s case, cause complications that lead to a tragic death.
2. Failure to Diagnose: Chiropractors will sometimes misdiagnose a patient’s symptoms as health conditions that are caused by a “misalignment” of the spine.  Sometimes that might be true, but a patient’s symptoms could be signs of other underlying health concerns.  If a chiropractor wrongly treats a health issue as nothing more than a chiropractic matter, they could be putting off a correct diagnosis, which could cause harm that cannot be reversed by delaying much-needed medical care.

Whatever the case may be, someone suing a chiropractor for the types of negligence listed above will be required to prove:

• What a typical, reasonably competent chiropractor would have done under the same or similar circumstances (the standard of care)
• That the chiropractor in question did not meet the standard of care
• That the breach in the standard of care or duty to the patient caused the injury
• That the injury resulted in losses (physical, financial, or emotional)

Medical malpractice claims may be filed against doctors of all specialties. Whether the injury was caused by a botched surgery, misdiagnosis, medication error, or improper treatment like what Katie May experienced, you deserve to understand and protect your legal rights.

Do I Need a Lawyer to Sue A Chiropractor?

Suing a chiropractor follows the same rules and state laws required for medical malpractice claims.  These rules, especially in Texas, are complicated.  If they aren’t followed correctly, then the case could be delayed or even dismissed.  In Texas, before someone files a medical malpractice lawsuit, they must first give the medical practitioner notice that they are about to be sued.  This is not a simple email, but rather a legal document that requires legal know-how, careful planning, and detailed execution.

Also, the plaintiff must supply an expert opinion from a medical professional stating that the chiropractor did not meet the standard of care.  Again, this is not a simple document that can typed up in one sitting.  These types of reports are incredibly detailed, require legal definitions, and can be expensive to produce.  Expert reports should be compiled under the watchful eye of an experienced medical malpractice attorney. Reports that are completed improperly may not be useful, or usable, in court.

The complexity of suing a medical professional such as a chiropractor is immense.  You can bet that the chiropractor will have his or her own lawyer(s), so it would be wise to have legal representation on your side that is fighting for your best interests and legal rights.

Contact MedMalFirm.com to Learn More

At MedMalFirm.com, our firm focuses on healthcare negligence claims, including medical malpractice.  We know Texas laws related to medical malpractice and negligence. We know the experts to use in different case types.  We know what is involved in the cases – from the facilities, the typical participants in the legal process, and what it takes to build a strong case. But most importantly, we know how to fight for those in need.

If you have questions about medical malpractice, negligence, or any of the situations discussed in this post, contact MedMalFirm.com to request a free consultation.  We will review your case and help you determine the best options to protect your legal rights. Fill out our online form to get started.