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Acupuncture Medical Malpractice Lawsuit Attorney

Acupuncture is a holistic treatment that originates from traditional Chinese medicinal practices. It is a treatment in which trained practitioners stimulate specific points on the body by inserting thin needles into the skin, which is, in fact, pain-free. However, if this treatment is administered poorly, by someone who may not be adequately trained, this holistic treatment can inflict severe damage to potential patients. If you or a loved one has experienced injury as a result of a poorly performed acupuncture treatment, you may be entitled to file an acupuncture malpractice lawsuit for any of the damages that you have endured. At Normandie Law Firm our skilled acupuncture treatment malpractice attorneys can guide you through the often arduous process of seeking appropriate compensation for your damages. If you have any questions after reading this article, please feel free to contact our law offices today for a free consultation by one of our trained legal associates.

What is Acupuncture
Acupuncture has been practiced for centuries and is based on the theory that energy, called chi, flows through and around the body along pathways termed meridians. Those who believe in acupuncture believe that illness occurs when something blocks or throws off the balance of your chi. Acupuncture is performed by inserting thin needles into the skin at certain pressure points of the body. In some instances, heat, pressure or a mild electrical current is applied with the needles to intensify the treatment. Most people who go through acupuncture say they never feel any pain when undergoing the treatment. There may be a slight pressure when the needle goes in, but beyond that, there is nothing severe by the needle’s insertion. Listed below are some conditions that are used to treat acupuncture:

  • Allergic rhinitis
  • Biliary colic
  • Depression
  • Dysentery
  • Dysmenorrhoea
  • Facial pain
  • Headache
  • Hypertension
  • Hypotension
  • Induction of labor
  • Knee pain
  • Leukopenia
  • Low back pain
  • Laposition of fetus
  • Morning sickness
  • Nausea and vomiting
  • Neck pain
  • Pain in dentistry
  • Periarthritis of shoulder
  • Postoperative pain
  • Renal colic
  • Rheumatoid arthritis
  • Sciatica
  • Sprain
  • Stroke
  • Tennis Elbow

These are just a handful of the conditions that acupuncture is claimed to treat. While acupuncture is performed to prevent illness, promote health, and treat medical conditions, some reports are claiming that acupuncture has led to some of the following injuries:

  • Bacterial infections
  • Fever
  • Hepatitis A
  • Hospitalization
  • Electrical Shock Injury

These possible injuries often occur as a result of malpractice by an acupuncturist. Since acupuncture involves needles and electrical therapy, there is always a high risk when going through the with the treatment. If you or a loved one suffers an injury as a result of a botched acupuncture treatment, you may be entitled to file a lawsuit against the acupuncturist responsible for the damages.

Your Case & How To File A Lawsuit
Clients who come into our firm seeking representation for their acupuncture malpractice case often ask a wide series of questions that are all similar to the questions posed by other clients seeking similar forms of assistance. Some of these frequently asked questions are listed below:

  • Can I sue the acupuncture company for the injuries I have endured?
  • Can I sue an acupuncturist for the damages that I have suffered from?

To put it simply, yes, you can file a lawsuit against an acupuncture company or acupuncturist if you have suffered damages as a result of their negligence. In this case, acupuncturists are considered licensed physicians who are inherently responsible for the safety and security of their patients. When this safety is neglected, and their patient suffers injury as a result of poor treatment or misconduct, a lawsuit can be filed against them for the damages that patient has had to endure. While they may not administer the same level of medicine that other health care professionals offer, they are still expected to uphold a standard of care for their patients. However, there is an often complicated process involved in filing a lawsuit against a medical practitioner, and it is in your best interest to seek legal assistance in pursuing your suit.

However, for the sake of this article, to file a successful lawsuit against any health care provider, you must first be able to prove their negligence. For any proof of negligence claim, the patient is required to provide evidence for a series of key aspects. Listed below are some of these key aspects required for a successful claim of negligence:

  • The existence of a doctor-patient relationship: Patients who think they have experienced medical malpractice by an acupuncturist must be able to prove that there was a physician-patient relationship. This relationship essentially means that there was an agreement wherein the patient agreed to be treated, and the physician agreed to treat said patient.
  • The physician’s negligence: The patient must be able to prove that the doctor or physician’s negligence caused the damages endured. The physician’s care is not expected to be perfect; however, it must at least be reasonably skillful and careful. Almost all states across the U.S require that the patient present a medical expert in court as to discuss what the appropriate medical standard of care should have been, and how the defendant breached that standard
  • The physician’s negligence caused the injury: The patient must be able to show that it is ‘more likely than not’ that the physician’s specific actions directly caused the injury the patient is suffering from. To do this, a patient must retain a medical expert to testify that the physician’s negligence caused the injury
  • The injury led to specific damages: The patient must be able to prove that they have suffered from specific damages caused by the injury. Some of these specific damages include: physical pain, mental anguish, medical expenses, lost work, or lost earning capacity.

While it is within every individual’s right to represent themselves in court, it is highly important that you seek legal assistance before pursuing your lawsuit. For every medical malpractice claim, there are a series of subtle requirements that are required to file a successful suit. Some of these required legal nuances include:

  • Medical Malpractice Review Panels: Some states require that injured patients submit their claim to a medical malpractice review panel. This panel is made up of medical experts who will hear your argument, review the evidence and expert testimony, then decide whether malpractice is evident in your case. This panel does not award damages to patients. However, it is an obstacle that must be overcome to take your medical malpractice case to court.
  • Special Notice Requirements: In some states, patients are required to give the physician a notice of the malpractice claim in the form of a basic description. This is done before a patient can file anything.
  • Expert Testimony: In medical malpractice cases, expert opinions are crucial to the success of a case. State rules vary in determining what makes an individual qualified to provide this testimony, but in most cases, it is someone who has experience in the same field of medicine that involved the patient’s injuries.
  • Limits on damage awards: Some states establish a limit on the amount of money that a patient can be awarded for their damages. Seeking legal assistance can help in determining if this award cap applies to you and your case

Regardless of the circumstances surrounding your acupuncture malpractice case, it is never wise to go it alone. A skilled attorney can mean the difference between filing a successful claim for compensation and having your case dismissed from court entirely.

How Normandie Law Firm Can Help
If you or a loved one have been injured as a result of medical malpractice during an acupuncture treatment, you may be entitled to file a claim for significant monetary compensation. At Normandie Law Firm our skilled acupuncturist malpractice lawyers can guide you through the process of building your case, presenting your claim to court, and collecting the compensation that you deserve. While our attorneys are based out of Los Angeles, we also practice in San Jose, Oakland, San Francisco, Sacramento, Fresno, San Diego, Orange County, Stockton, Bakersfield, and throughout the entire state of California. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Call now for a free consultation by one of our skilled attorneys, and we can guide you down the path of receiving proper compensation for your damages.

 

 

 

 

 

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