Personal Injury
Medical Negligence Lawyers

Physiotherapy and chiropractic injuries that can qualify for compensation include:

• Spinal injuries from manipulation, including disc herniation
• Vertebral artery damage leading to stroke following neck manipulation
• Nerve damage from improper techniques
• Worsening of pre-existing conditions due to inappropriate treatment
• Failure to recognise contraindications for specific treatments
• Failure to refer to specialists when concerning symptoms arise

To establish a valid claim, you must prove that the physiotherapist or chiropractor breached their duty of care through substandard treatment, and that this breach caused your injury. At Stacks Goudkamp, our experienced medical negligence lawyers carefully assess each case to determine whether the care provided fell below the appropriate standard of practice.

While physiotherapist and chiropractor claims share similarities with other medical negligence claims, they have distinct characteristics:

• These practitioners are not medical doctors and have a different scope of practice than doctors
• Their treatments are more confined and bound by certain limitations
• There may be controversies around certain treatment modalities, particularly in chiropractic care
• Informed consent requirements are equally important but may focus on different risks

Understanding these distinctions is crucial for effectively pursuing compensation. At Stacks Goudkamp, we have specific experience with claims against allied health professionals and understand their unique professional standards and duty of care.

Proving negligence in physiotherapy or chiropractic injury cases requires establishing:

• The allied health practitioner owed you a duty of care
• This duty was breached due to unreasonable treatment
• The breach caused your injury
• You suffered an injury that qualifies for compensation

We gather evidence from various sources, including:

• Complete treatment records and notes
• Diagnostic imaging before and after treatment
• Expert opinions from independent professionals in the same field
• Medical records showing your condition before and after treatment
• Records of advice and warnings provided to you
• Your own statement about the treatment and its immediate effects

At Stacks Goudkamp, we work with experienced physiotherapy and chiropractic experts who can assess whether your treatment met the appropriate standard of care within these professions.

Compensation for physiotherapy or chiropractic injuries typically covers:

• Pain and suffering and loss of enjoyment of life
• Past and future medical expenses, including corrective treatment
• Past and future loss of income if your ability to work was affected
• Loss of superannuation
• Care and assistance needs during recovery
• Rehabilitation and therapy costs
• Travel expenses related to medical treatment
• Home modifications if required for serious injuries

The value of your claim will depend on the severity of harm caused, its impact on your life, and your specific financial losses. At Stacks Goudkamp, our experienced lawyers work with medical experts to ensure all current and future needs arising from your injury are properly quantified and included in your claim.

In NSW, strict time limits apply to medical negligence claims for physiotherapy and chiropractic injuries. Generally, you have:

• 3 years from when you discovered the cause of action
• A maximum of 12 years from when the negligence occurred, regardless of when you discovered the injury

It’s important to understand that “discovery” doesn’t simply mean when the treatment occurred, but when you became aware of each of the following:

• You suffered an injury beyond normal treatment responses
• The injury was caused by the fault of the practitioner
• The injury was serious enough to justify making a claim

Some injuries may develop or worsen over time after treatment, affecting when the discovery period begins. We recommend seeking legal advice as soon as possible as exceptions may apply in certain circumstances. At Stacks Goudkamp, we can assess your specific situation and help determine the applicable time limits.

Yes, you may still have a valid claim even if you signed a waiver or consent form. These documents do not absolve practitioners from their duty to provide competent care. You can still claim if:

• The treatment was performed negligently, regardless of consent
• You were not properly informed about significant risks (failure of informed consent)
• The treatment performed went beyond what you consented to
• The practitioner misrepresented their qualifications or experience
• The information provided was false and misleading about likely outcomes

Informed consent is particularly important for manipulative therapies that carry specific risks, such as cervical spine manipulation and its association with rare but serious vascular complications.

At Stacks Goudkamp, we carefully assess both the quality of care provided and the adequacy of the consent process to determine the strength of your claim.

You may have a valid claim if physiotherapy or chiropractic treatment worsened your pre-existing condition when:

• The practitioner failed to take an adequate history of your condition
• They didn’t perform appropriate testing and assessments before treatment
• They ignored contraindications for certain treatments given your condition
• They applied techniques that were inappropriate for your specific condition
• They continued treatment despite signs it was causing harm
• They failed to modify treatment when you reported increased pain or symptoms

Practitioners must take reasonable steps to understand your pre-existing conditions and adapt their treatment accordingly. At Stacks Goudkamp, we understand the complexities of claims involving pre-existing conditions and can help establish how the negligent treatment affected your overall condition.

As there are thresholds at law, successful claims typically involve:

• Injuries requiring additional medical treatment
• Injuries causing significant pain beyond normal treatment responses
• Injuries resulting in time off work or inability to perform normal activities
• Permanent or long-lasting damage
• Injuries requiring corrective treatment or ongoing care
• Significant worsening of pre-existing conditions
• Injuries with substantial financial implications

Minor temporary discomfort that resolves quickly without treatment may not warrant a claim. However, we encourage you to seek legal advice even if you’re unsure about the seriousness of your injury, as the long-term implications may not be immediately apparent.

At Stacks Goudkamp, we provide honest assessments of whether your injury is likely to meet the threshold for a viable claim during your initial consultation.

Physiotherapy and chiropractic injury claims typically take between 12 months and 2 years to resolve, though this timeframe can vary based on:

• The complexity of the causal relationship between treatment and injury
• Whether liability is disputed
• The severity of your injuries
• The time needed to determine your long-term prognosis
• The need for expert opinions
• Court schedules if litigation is necessary

Generally, these claims may resolve more quickly than some other medical negligence claims if the causal relationship between the treatment and injury is clear.

At Stacks Goudkamp, we work efficiently to progress your claim while ensuring we never compromise on thoroughness or the compensation you deserve. We keep you regularly updated on the progress and expected timeframes throughout the process.

At Stacks Goudkamp, in most cases, we handle physiotherapy and chiropractic injury claims on a No Win, No Fee basis, meaning:

• You pay no upfront legal costs
• We fund all expenses during your claim, including expert reports, which can be costly
• Legal fees to us are only payable if your claim is successful
• A percentage of your legal costs will be recovered from the insurer if your claim succeeds

Unlike some firms, we don’t use litigation lenders who charge high interest rates for funding expert reports and other expenses. We cover these costs ourselves, ensuring you don’t face additional financial burdens during an already challenging time.

During your initial consultation, we’ll explain our fee structure clearly so you understand the process completely before proceeding.