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How To Make A Dry Needling Negligence Claim

Last updated 22nd November 2024. Dry needling is a procedure that is similar to acupuncture, where needles are inserted into the body, to ease muscle pain. Have you been injured due to dry needling negligence? Whether the practitioner was at fault, or you were injured due to negligence on the part of the clinic, you may be able to make a clinical negligence claim for compensation.

A dry needle in someone's back.

If you believe that you are owed compensation for injuries caused by dry needling negligence, call Legal Expert today on 0800 073 8804. A personal injury claims advisor will speak to you in depth about your ordeal and if we can see that you have legitimate grounds to claim compensation, we will assign a solicitor to work on your dry needling negligence claim. Alternatively, use our online claims form to reach us.

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A Guide To Dry Needling Negligence Claims

To be eligible to make a dry needling negligence claim, you must demonstrate how you have suffered avoidable harm (harm that should’ve been avoided) because a healthcare provider breached their duty of care.

All healthcare providers owe a duty of care to all patients that they treat. This means that they must always deliver the correct standard of care. As such, this duty of care becomes breached when a healthcare provider delivers a standard of care that falls below the minimum expectations. 

So, the dry needling negligence claims eligibility criteria is as follows:

  1. A healthcare provider owed you a duty of care as they were treating you.
  2. The healthcare provider breached this duty by delivering substandard care. 
  3. As a result of this breach, you suffered avoidable harm. 

Please contact us if you meet each of the above criteria. By discussing your circumstances with our team, they will be able to confirm your claim eligibility.

What Is Dry Needling?

Dry needling (also called intramuscular stimulation) is a procedure that is similar to acupuncture. The procedure involves a practitioner using stainless steel filiform needles and placing them into a person’s body. The needles that are used are short and don’t inject fluid into the body, hence the term dry needling. What is the purpose of dry needling? The needles are placed on trigger points on the patient’s soft tissues or muscles. These are knotted muscles or hard muscles. This can include treatment for muscle pain or fibromyalgia pain. Dry needling for injury treatment, such as sports injuries, is also available. The needle may also be inserted in areas to relieve muscle spasms. It can also be carried out to help improve a patient’s flexibility. Is dry needling painful? Dry needling can be painful, especially if it is used to treat the site of a soft tissue injury.

Is dry needling the same as acupuncture? There are lots of discussions online about the benefits of dry needling vs acupuncture. Acupuncture is an ancient practice which is designed to open up the person’s energy flow (chi) to help relieve pain. There is solid research available, to suggest that acupuncture is effective, whilst dry needling is a relatively new procedure, so there is less research available on how effective it is.

What are the main techniques used in dry needling? There is an in-out insertion technique, also called sparrow pecking or pistoning. The needle does not stay in the skin for very long when this technique is used. In-out insertion techniques are used to target trigger points in the muscles. There is also a non-trigger point technique in which the needles are placed around the point of pain, not directly on it. This practice is based on the idea that the pain is due to a greater issue affecting the surrounding muscles or nerves.

What Are The Benefits Of Dry Needling?

What dry needling benefits do patients enjoy? Dry needling is used to treat muscle pain and stiffness as well as sports injuries and pain experienced by people who suffer from fibromyalgia. People with injuries often find it can improve flexibility and improve their range of motion. This may be helpful if a patient has dry needling on their shoulder or knee.

Because dry needling is a relatively new technique, there is not much research on its effectiveness as a procedure. Some studies show that the treatment has a positive effect relieving mild to moderate pain. Another study showed that dry needling was not more effective for treating muscle pain, than stretching.

Who Can Carry Out Dry Needling In The UK?

In the United Kingdom dry-needling can be carried out by a physiotherapist, massage therapist, chiropractor, osteomyologist, osteopath or a general practitioner. Many bodies offer courses for professionals who are eligible to practice dry-needling in the UK.

Licensing And Regulation

Because dry needling and acupuncture require skin piercing, practitioners will need a Local Authority licence and registration. If you are interested in practicing dry needling, check with your Local Authority to see what the requirements are to get one.

What Are The Risks And Side Effects Of This Treatment

Dry needling involves piercing the skin and inserting needles into the body. Therefore it is important that the person who is carrying out the procedure is properly trained and carries out professional best practices. There are also side effects associated with dry needling as well.

Mild Side Effects

Dry needling can cause these mild side effects: bleeding, bruising and temporary soreness. All of these are to be expected and will usually heal on their own. These are not the only negative side effects a patient can experience. Other mild side effects of dry needling include: dizziness, feeling faint, drowsiness, sweating, nausea, or symptoms becoming aggravated before they improve.

Serious Side Effects

In more extreme cases a patient could experience more significant side effects to dry needling. These can include: bleeding for a long time, vomiting and nausea, headaches, fatigue, a severe dry needling emotional response, gastrointestinal disturbances, fainting, skin irritation and seizures.

As well as more extreme side effects, dry needling negligence can cause the client to become ill. If a dry-needling needle is used that is not sterile, the client could experience a blood borne infection.  If a practitioner uses a needle that has already been used on another patient, this could also lead to the transmission of a blood borne infection. This could include hepatitis or HIV. Another serious injury that can be caused by dry needling negligence is the puncture of a major organ. If you have experienced a serious injury due to clinical negligence whilst undergoing dry needling treatment, we recommend that you visit a hospital Accident & Emergency department (A&E) as soon as possible.

Pneumothorax Caused By Dry Needling

One of the most serious consequences of dry needling negligence is pneumothorax. This occurs when air leaks between the lungs and chest wall. This means that the lungs aren’t fully able to inflate. This can lead to a collapsed lung. The lung can be either completely or partially collapsed. Symptoms of pneumothorax from dry needling include shortness of breath and chest pains.

Pneumothorax could be caused by a penetrating chest or upper back injury, such as needles being inserted wrongly into a patient’s chest during a medical procedure. Immediate symptoms of the condition may include sudden pains in the chest and problems with breathing (such as shortness of breath). In rare instances the condition may be life-threatening.

Fortunately a pneumothorax is rare and treatable. A collapsed lung can be treated by removing the air between the lungs and the chest wall with a syringe, so the lung can inflate. If the collapsed lung injury repeats itself, the pneumothorax can be treated with an operation. If you experience the symptoms of pneumothorax after dry needling, or in any other situation, we recommend you visit a hospital Accident & Emergency department (A&E) for further treatment.

How Much Compensation For Dry Needling Negligence?

If your claim is successful, your dry needling negligence compensation could potentially be made up of two heads of loss. These are called general and special damages.

General damages (which will definitely be awarded) provides compensation for the physical and psychological effects of your avoidable harm. As such, here are some factors that are looked at under this head of loss:

  • Loss of amenity. 
  • The severity of your pain. 
  • The estimated length of recovery. 

Legal professionals can use the Judicial College Guidelines (JCG) to help them evaluate your general damages. 

The JCG is a publication containing guideline compensation brackets for different types of physical and psychological harm. 

Guideline Compensation Table

In the table below, you will find some types of harm that could potentially be suffered after negligent dry needling. These types of harm, and their accompanying guideline compensation brackets, have been taken from the JCG (except for the top figure).

Please only use this table as a guide. Since all dry needling negligence claims are unique, none of these figures can be guaranteed. 

Type of HarmSeverityGuideline Compensation Brackets
Multiple serious types of harm with special damagesSeriousUp to £500,000+
BackSevere (a) (i)£111,150 to £196,450
Severe (a) (ii)£90,510 to £107,910
Moderate (b) (i)£33,880 to £47,320
Chest injury(a)£122,850 to £183,190
(b)£80,240 to £122,850
(c)£38,210 to £66,920
(d)£15,370 to £21,920
(e)£6,500 to £15,370

Special Damages

Special damages (which might possibly be awarded) provides compensation for the financial effects of your avoidable harm. Some types of financial losses you could suffer include:

  • Loss of earnings from taking time off work to recover from your avoidable harm. 
  • Prescription costs.
  • Travel expenses for attending medical appointments to treat your avoidable harm.

Since special damages are not awarded in every successful dry needling negligence claim, providing evidence of your financial losses is extremely important. Such evidence can be in the form of payslips, invoices, receipts, and bank statements. 

To find out more about how dry needling negligence compensation is calculated, please contact us today.

No Win No Fee Dry Needling Negligence Claims

Legal Expert can give you the option to make a dry needling negligence claim on a no win no fee basis. What does this mean? With a no win no fee claim, there is less risk involved for you the claimant. Instead of paying a solicitors fee upfront, we will charge you a success fee, only on the condition that your solicitor wins your case. Because your fee will be deducted from your compensation package, you don’t have to worry about paying an upfront fee. To learn more about making a no win no fee claim, read our online guide. Alternatively, call us today to speak to an advisor. If you have legitimate grounds to claim compensation, we will provide you with a clinical negligence solicitor to handle your claim.

How We Could Help You Claim For Negligent Medical Practices

If you have been injured, made ill, or had your pre-existing medical condition worsened due to medical negligence, trust Legal Expert to handle your compensation claim. We can value your clinical negligence claim based on your medical records and your solicitor will push to win you the maximum amount of compensation you are owed. Our panel of solicitors have up to thirty years of experience, so your claim is bound to be in safe hands.

Start A Dry Needling Claim

To begin your dry needling compensation claim, contact Legal Expert today for your free consultation. You can call us on 0800 073 8804 or you can use our online claims form to reach us. If we can see that you have legitimate grounds to make a compensation claim, a solicitor will start working on your case as soon as possible.

Resources And Claims Guides

In addition to the resources provided through this guide, below we have included recommended resources and guides from our own site as well as trusted external resources.

Medical Negligence Claims – How Much Compensation Can I Claim? – Learn more about making a compensation claim for medical negligence in this guide.

Acupuncture Claims Guide – How To Claim? How Much Compensation Can I Claim? – Acupuncture and dry needling are similar but different procedures. Learn more about the errors which could be made in acupuncture and when you could claim compensation.

How Much Compensation Can I Claim For Misdiagnosis? – Check how much compensation you could be owed if your medical condition has been misdiagnosed.

External Links

These external resources include further information relating to both dry needling and lung injuries which could be caused by the procedure if improperly performed.

A British Lung Foundation Guide To Pneumothorax – In this British Lung Foundation guide you can find out more about what pneumothorax is.

Dry Needling – Information From The NHS

Further Medical Negligence Articles

Written By Cheleche

Edited By Melissa.

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