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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3920
Experience:  30 years of experience
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I became involved with two chiropractors who advertised and

Customer Question

I became involved with two chiropractors who advertised and promised to cure my diabetes, hypertension, and neuropathy for $7800.00. In the beginning I told them their promises were a scam, since I clearly understand the problems associated with curing either of my medical ailments. for I am a physician. I continue to wonder if these Chiropractors can be sued for their scam.
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.
Hello,Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question. You have done the correct thing by filing a complaint with the licensing board and the Attorney General. Let's hope that thye follow through and do their job. As to a law suit. Theoretically one could be brought for fraud and malpractice. The problem is a practical one. Damages. In order for any lawsuit to be supportable there needs to be three essential elements: 1) The Duty of One person to another.2) Breach of that Duty.3) Damages. You clearly appear to have the first two elements. The chiropractors had a duty to treat you in an honest and non-fraudulent manner and they appear to have breached that duty. The third element Damages is the issue. You do have the provable damages for the amount that you paid them ($7800.00). So you can move forward with an action. BUT the amount of the damages is (relatively speaking to the world of litigation) small. It is difficult to find an attorney willing to take a contingency case for the money you have at issue, and you likely would pay as much or more than your damages to pay an attorney per hour to take the case through the system. You may be able to bump the damages some by claiming punitive damages, and you may persuade an attorney to try to leverage a suit into a settlement. But the money is still small relative to the investment of time and resources. And although the amount at issue is relatively small, at the same time it is over the $2,500.00 small claims court limit for Kentucky. So yes, you likely have a claim for fraud and malpractice. It is probably worth discussing the case with a local malpractice attorney. But you need to be mindful of the dollar and cents practicalities as well. I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday. Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.Good luck. Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing. Kind regards,Gerald

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