Burned, Blistered and Angry

by Andre

I was involved in a auto accident, which caused my neck and back to be hurt. I started going to a chiropractor (referred by word of mouth) and began receiving cortisone shots, massage therapy, etc...

Well, I was given a shock treatment where they placed electrodes on my back along with a hot, electrical heating pad. The assistant turned it on at level 30. I complained about it being too hot but she insisted it was for the best and left the room.

I couldn't stand it, and turned it down to 18, but began to feel like my lower back was on fire. She came back in, and was horrified to see my back had blistered, so she filled out an accident report and gave me a copy.

What can I do about this?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Burned, Blistered and Angry":

Andre (Florida):

It depends....If the blistering to your back required medical attention from a hospital emergency room, paramedic, or medical clinic, then you may have a right to compensation for your medical bills, out of pocket expenses for medications, bandages, etc... If your injury also caused you to miss work, you may have a right to reimbursement for your lost wages. Finally, under the same circumstances, you may have a right to compensation for your pain and suffering.

Chiropractors are liable for the actions of their employees. In your case, if you required medical attention you may have the basis of a form of medical malpractice claim. In this case, it would be a chiropractic malpractice claim.

In the alternative, if your burn did not require medical attention, you may not have enough “damages” to support your claim. At most, you may be entitled to reimbursement for lost wage, if you weren’t able to work, and a reasonably small amount for your pain and suffering.

Burns can be quite serious. If your injury required medical attention and you intend to pursue a malpractice claim, you will need the advice and counsel of an experienced personal injury attorney. A good malpractice attorney will be able to pursue your claim until such time as a settlement is reached, or she wins the case at trial.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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