For victims of medical malpractice, taking legal action against a negligent physician can often feel intimidating, if not impossible. However, compensation isn’t as far out of reach as many think.
This blog post will give an overview of how chiropractic malpractice settlements work in New Jersey. We’ll explain the basic legal process involved in New Jersey chiropractic malpractice settlements and discuss the factors that can impact your potential payout.
How Do Chiropractic Malpractice Cases Work in New Jersey?
Chiropractic malpractice lawsuits are one of many types of medical negligence claims filed in New Jersey every year. Examples of substandard chiropractic care that could lead to a malpractice claim include:
- Failure to diagnose a herniated disk, fracture, or spinal tumor;
- Nerve damage from improper spinal adjustments;
- Unnecessary chiropractic treatments that lead to an injury; and
- Lack of adequate follow-up instructions or care after treatment.
Under New Jersey law, patients who are hurt by a chiropractor’s careless or substandard treatment have the right to bring a legal claim to recover financial compensation for the harm they’ve suffered.
However, you must meet specific legal requirements to be eligible for compensation. Proving medical malpractice in New Jersey requires showing the following:
- Your chiropractor had a duty of care to you as a patient. The existence of a “duty of care” between individuals is the foundation of any negligence or malpractice claim. In medical malpractice claims, proving this is as simple as showing that you came to your chiropractor as a patient seeking treatment.
- Your chiropractor breached their duty of care. All medical providers must follow certain professional and ethical guidelines when treating patients. When they don’t, they breach their duty of care and can be held professionally and legally responsible. To prove this, New Jersey law requires testimony from a medical expert who can speak to the standards expected of professionals in a given field and how your provider deviated from them.
- You were injured. A patient’s “injury” in medical malpractice cases could be physical, emotional, or financial. You just have to have concrete proof that you suffered harm after your treatment.
- Your chiropractor’s breach of care caused your injury. To be eligible for compensation, you have to show that a medical provider directly caused you harm. In essence, this means that you wouldn’t have been harmed without their action or inaction.
Most medical malpractice lawsuits in New Jersey end in out-of-court settlements, not jury verdicts. For injured plaintiffs, this route option is often preferable. Having each side’s legal team negotiate a settlement evades the stress and expense of a court trial.
Factors that Impact Your Chiropractic Malpractice Settlement
Medical malpractice settlements come out of negotiations between your and your chiropractor’s legal representatives. Settlement negotiations involve several different elements of your claim, all of which can impact the value of your payout. Let’s break down some factors and how they can affect your claim.
Length of Recovery
One primary aim of damages awarded in medical malpractice cases is to offset the financial burden of recovering from your physical injuries. Settlements for victims who are unable to work at their prior capacity—or at all—because of a medical professional’s negligence often include compensation for any wages or benefits lost. As a result, a serious injury that prevents you from working for several months generally will result in higher compensation than a mild injury with a fast recovery period.
Medical Expenses
Settlements in malpractice cases also generally cover the costs of reversing the harm done by a provider’s negligence. This can include surgery costs, physical therapy, follow-up visits, treatment supplies, and prescriptions.
Extent of Injury
The severity of the harm you suffered significantly impacts the amount of compensation you could receive. Settlements in cases of debilitating or disfiguring injuries can often include compensation for intangible losses that can’t be easily quantified, such as emotional distress, pain and suffering, and loss of enjoyment of life.
Skilled Legal Support
A lawyer familiar with New Jersey malpractice cases has deep legal knowledge and strategic experience that can help strengthen your compensation claim. A medical malpractice attorney can help ensure you have the documentation to illustrate how you’ve been harmed. They can also help find an expert witness qualified to the professional standard of chiropractic care you were entitled to but did not receive.
Average Chiropractic Malpractice Settlements in New Jersey
Since compensation for malpractice depends on numerous factors unique to each situation, settlement amounts can vary greatly. Here are the average settlements paid in chiropractic malpractice cases in New Jersey from the past ten years, according to the National Practitioner Data Bank:
- 2023: $232,000;
- 2022, $393,330;
- 2021, $74,000;
- 2020, $415,000;
- 2019, $102,500;
- 2018, $440,000;
- 2017, $192,300;
- 2016, $176,000;
- 2015, $268,570; and
- 2014, $53,000.
Be aware: Settlements from medical malpractice claims are reported in the National Practitioner Data Bank, medical professionals are often motivated to go to court to avoid the mark on their record. For this reason, plaintiffs and their legal counsel should always be prepared for a potential trial if settlement negotiations don’t go as planned.
Strong Representation Leads to Fair Compensation
No amount of money can undo the physical, emotional, and economic harm caused by medical malpractice. However, a fair settlement payment can provide you and your family with much-needed relief from the financial burdens of managing your injury. If you’ve been hurt by a negligent chiropractor, reach out to O’Connor, Parsons, Lane & Noble to learn more about how our advocates can help support your claim. With over 100 years of combined experience in New Jersey medical malpractice litigation, our attorneys are known throughout the Garden State for being fierce and compassionate advocates for victims of medical malpractice. We’ve won record-breaking settlements for New Jersey residents hurt by careless medical practitioners, and we’re prepared to help you.
Contact us today for a free consultation!