When we think of medical malpractice, doctors, surgeons, and hospitals often come to mind. However, physical therapists (PTs), who play a crucial role in patient recovery and rehabilitation, can also be subject to claims of medical malpractice. This post explores how physical therapists can commit medical malpractice, the legal standards involved, and what patients should know.
Understanding Medical Malpractice
Medical malpractice occurs when a healthcare professional provides substandard care that results in harm to a patient.
For a claim to be considered malpractice, you typically have to prove the following elements:
- Duty of care: The healthcare provider owed you a duty of care.
- Breach of duty: The provider breached that duty by failing to adhere to the appropriate standard of care.
- Causation: The breach of duty directly caused harm or injury to you.
- Damages: You suffered damages (physical, emotional, or financial) as a result of your injuries.
How Physical Therapists Can Commit Malpractice
Physical therapists, like other healthcare professionals, are expected to follow a standard of care when treating patients.
Here are some ways in which a PT might fail to adhere to the acceptable standard of care when treating a patient.
- Improper diagnosis of a medical condition,
- Failing to create or administer an appropriate treatment plan,
- Not adequately supervising a patient during exercises or treatments, leading to injury,
- Using outdated, inappropriate, or overly aggressive techniques that cause harm,
- Not informing a patient of potential risks associated with a treatment, leading to uninformed consent,
- Inaccurate or incomplete documentation of treatments and patient progress, which can lead to improper care.
Legal Standards and Challenges
In a malpractice case involving a physical therapist, the plaintiff (patient) must typically demonstrate that the PT’s actions deviated from the accepted standard of care in the field of physical therapy. Expert testimony is often required to establish what the standard of care is and how the therapist’s actions fell short.
One challenge in these cases is proving causation. The patient must show that their injury was directly caused by the PT’s negligence, which can be complex if the patient’s condition could have worsened naturally or due to other factors.
Steps to Take If You Suspect Malpractice
You should take the following steps if you believe you suffered medical malpractice at the hands of a PT:
- Document everything: Keep detailed records of your treatments, symptoms, and any communications with the PT.
- Seek a second opinion: Consult with another healthcare professional to assess your condition and treatment.
- Contact an attorney: If you believe you have been harmed due to a PT’s negligence, speak with a lawyer specializing in medical malpractice to evaluate your case.
Contact Otorowski & Golden, PLLC
Please know that our firm is here to help if you were injured due to a medical provider’s malpractice. Otorowski Morrow & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.