Osteopathic and chiropractic treatments are often considered to be safe and effective as they are alternative, quasi-medical forms of treatment focusing upon the diagnosis and treatment of musculoskeletal problems, such as neck and back pain, and joint problems.
Osteopaths and chiropractors are not usually doctors or medically qualified. However, practitioners in both fields must complete degree qualifications recognised by their regulatory bodies, involving many hours of clinical training. These qualifications include the study and understanding of medical principles, including neurology, orthopaedics, radiology, etc. Osteopathy and chiropractics therefore can be seen as somewhat of a hybrid between medical and non-medical fields.
Given that the bulk of chiropractic and osteopathic treatment seems benign, and often only involves stretching, massage or manipulation, many consider this therapy to be very safe, with little or no chance of any serious risks of complications. However this is not always the case. Natasha Read, Partner in the Serious Injury team at Shoosmiths acted on behalf of a young woman who sustained a serious spinal injury at the hands of her osteopath.
The Story
Catherine* was a busy mother of two who went to see an osteopath due to stiffness in her neck. The setting was very informal; her osteopath wrote notes on a piece of printer paper and would only accept payment in cash.
During the treatment, the osteopath carried out forceful spinal manipulation on Catherine’s neck. It was violently snapped in one direction when she was in an extremely tense state. Following treatment, Catherine began to suffer from increasing pain in her neck which progressed to her left arm, affecting her left breast. She also started to experience pins and needles and a reduced grip in her left hand, ultimately progressing to numbness in her left arm.
Catherine was in so much pain that she sought emergency treatment from the A&E department of her local hospital, where she was referred to a neurosurgeon and subsequently underwent an MRI scan. This scan showed that she had suffered an injury to a disc in her cervical spine (in her neck), which was causing compression of the nerve roots.
The impact
This injury caused Catherine to suffer severe pain for many months. She was reliant on very strong painkillers which meant that she could not help with domestic tasks, care for her two children, or contribute to the family business. Her husband and family had to take on all her caring and professional responsibilities.
Catherine also depended on spinal injections for pain relief and had many months of painful physiotherapy and counselling for the emotional impact of her injury.
How we helped
Catherine sought legal advice from Shoosmiths and instructed Natasha Read. Fortunately for Catherine her osteopath had appropriate insurance cover, which meant that she was able to bring a claim against him for negligent treatment and there were sufficient funds provided by the insurer to pay compensation for Catherine’s injuries. If there had been no insurance in place, Catherine would have had to sue the osteopath personally, which could have been problematic if he had no assets or income from which to pay damages or legal costs.
Catherine received damages to compensate her for her pain and suffering, loss of earnings, care and for the emotional impact of her injuries. Although no sum of money could reverse what had happened
to her, she hoped that the investigation into the osteopath would potentially avoid injuries to other patients.
What our client said
Catherine said of the support and legal advice she received from Shoosmiths:
‘Natasha Read… has been exceptional. Her informative and knowledgeable approach, coupled with her attentiveness to my situation and anxieties, made the whole process smooth. Natasha is a very Client-focused individual, who I feel went above and beyond at each step in my journey. Ensuring to use Layman’s terms and to arrange calls and zoom meetings following every communication sent, to ensure I understood every document and all information sent at each step of the process. Her professionalism and determination undoubtedly played a pivotal role in ensuring the successful outcome of my legal matters. Her unwavering commitment adds an extra layer of reliability, trust, and confidence to the already commendable qualities she brings to her role. I will be highly recommending her services to friends, family and colleagues should they ever require her expertise.
Natasha Read, says:
‘It is extremely important that anyone receiving treatment from an osteopath or chiropractor checks that they have appropriate insurance, qualifications, experience and registration with either The General Osteopathic Council or the General Chiropractic Council. If they don’t it’s very difficult to bring a claim against them if things do go wrong.’
Useful links
General Osteopathic Council – search the register
General Chiropractic Council – find a chiropractor
*Name changed for anonymity purposes
Disclaimer
This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. © Shoosmiths LLP 2024
