What to Do if You Have Been Injured or Wronged By a Chiropractor in Ontario
Written on August 22, 2008
I. BACKGROUND
If you have been injured or wronged by a chiropractor you probably have a number of available options. Some of the options may involve launching a lawsuit. You may also be able to register a complaint to the College of Chiropractors.
Lawsuits and College Complaints may include complaints about sexual assault, inappropriate or incorrect chiropractic manipulation, manipulations causing a stroke or other complications, or a failure to diagnose or appropriately respond to symptoms and conditions (ie: cauda equine syndrome).
II. COLLEGE COMPLAINTS
You do not need to hire a lawyer to register a complaint with the College of Chiropractors, but it might be in your interests to speak to a lawyer anyway to discuss your available options. At a minimum, the lawyer should be able to tell you how long you have to decide whether to sue the chiropractor, before the right to sue expires. Some lawyers will provide this type of information for free.
III. LAWSUITS AGAINST CHIROPRACTORS
Lawsuits against chiropractors are generally not as simple as some other types of personal injury litigation. A lawsuit against a chiropractor in Ontario can raise complex legal issues, including whether the chiropractor met the "standard of care expected of a chiropractor" and legal issues of causation. This is before any damages issues are even considered. This can often require expert opinion and testimony.
If you are intent on proceeding with a lawsuit against a chiropractor, you will want to choose a lawyer and law firm that are competent to effectively handle the case. When speaking to a lawyer that you are considering hiring you may want to ask the following questions:
(1) Have you sued chiropractors before?
(2) What experience and knowledge do you have in the health malpractice area?
(3) Does your law firm have the financial and other resources to fund the litigation and to go to trial if necessary?
(4) Do you focus your practice on litigation and lawsuits or do you practice in other areas too?
(5) Please explain the legal tests involved in my case and what our game plan would be for meeting them?
http://www.ontarioinjurylaw.ca offers free information about injury law in Ontario and facilitates free consultations with lawyers http://www.ontarioinjurylaw.ca/request.html
For more information about College complaints you may want to visit the College of Chiropractors website at: http://www.cco.on.ca/complaints_and_discipline.htm
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