There are alarming reports in the news all the time about hospitals facing medical malpractice suits, but just as alarming are those of physical therapist negligence. After all, if someone hopes to restore their health after serious injury or illness, or if they are suffering long-term illnesses and hope to remain flexible, they must go through physical therapy. That a physical therapist could negligently cause injury and harm is a concern for anyone who, in a weakened condition, places themselves in the hands of such a medical professional. Legally, victims of malpractice in this field do have recourse to claim compensation, however.
Types of Physical Therapy Negligence
When someone is manipulating the body of a weak or ill patient, there is great potential for error. Most physical therapists are well trained and take their work seriously, making few or no mistakes and restoring most patients to good health. However, mistakes have been, and inevitably will be, made in a number of areas of physical therapy:
- Dropping patients
- Inadequate or absent supervision
- Unsafe or over-extended stretching resulting in damage
- Failing to monitor patients when using equipment
- Equipment failure
- Lack of risk warnings for patients
- Sexual Assault
These kinds of errors can happen in a rehab facility, a supervised nursing care facility, nursing home, a patient's home, or on the streets. Any time a physical therapist negligently leaves a patient unattended or inadequately supervised, there is potential for injury.
Physical Therapy Malpractice Remedies
Physical therapy accidents can happen in a split second, often too quickly for family members to prevent them, even if they are near at hand and monitoring the situation carefully. A family member's first task is to ensure treatment for any injuries that occur as a result of the accident. Later, they may week to determine if there are grounds for a medical malpractice lawsuit. In order for such a suit to be justified, several elements must exist:
- The therapist and the patient must have had a working relationship
- The therapist did not show reasonable skill and care in treating the patient according to generally accepted standards
- An injury was caused by the therapist's actions
- The victim suffered damage as a result of that injury
In addition, the victim and their lawyer must be sure to file a claim within their state's statute of limitations (which is generally between one and three years).
Getting Legal Help with Physical Therapy Negligence Claims
There are times when a patient may be struggling against the efforts of their physical therapist, in which case there may be some question over whether the therapist was negligent or the accident was the fault of the patient's own struggles. These can be difficult decisions, but medical malpractice attorneys can provide the insight and support from an unbiased viewpoint to help a victim and their family find the appropriate remedy for their injuries.
