If you have been injured by a physical therapist’s negligence, you might be wondering what your legal options are. Since physical therapists are considered medical professionals, a physical therapist’s error, misconduct or carelessness could give rise to a medical malpractice claim. Our knowledgeable Syracuse physical therapist negligence attorneys will diligently analyze the circumstances of your injury so we can provide you with an honest opinion regarding your legal options.
The Role of Physical Therapists
Physical therapists are licensed healthcare professionals who help people regain strength and movement that may be impaired due to a condition or injury. Specifically, physical therapists use exercises and special treatments to help people move their bodies. These professionals also help with pain management. A patient may seek the help of a physical therapist at a rehabilitation center, hospital, nursing home or even at one own’s home. Injuries may take place during a physical therapy session for a number of reasons, including:
- Dropping patients during an exercise;
- Leaving patients unattended on equipment;
- Failure to monitor patients during an exercise;
- Using broken equipment;
- Sexual assault;
- Overextending joints;
- Failing to inform patients of risks associated with a particular treatment;
- Failing to listen to patients’ complaints of pain.
Medical Malpractice Cases Involving Physical Therapists
Physical therapists have a responsibility to fully evaluate signs and symptoms of a patient’s condition. It is important to note that, in some cases, despite genuine efforts by the therapist to follow best practices, the patient may show little or no progress. This does not automatically mean that the physical therapist was negligent. Instead, medical malpractice only occurs when a physical therapist’s substandard treatment leads to patient harm. In other words, when a physical therapist’s negligence causes your injury, you may have a right to financial recovery by filing a medical malpractice lawsuit. To win a medical malpractice case against a physical therapist, you must establish the following elements: i) the physical therapist owed the patient a duty of care to use the appropriate amount of care and diligence that a similarly trained physical therapist would have used in the same or similar situation; ii) the physical therapist breached this duty of care owed to the patient; and iii) the physical therapist’s breach was a direct and proximate cause of the patient’s harm.
Damages for Injuries Caused by Physical Therapists
When a physical therapist has been negligent, people can experience serious and long-term injuries. As such, New York law allows victims of medical malpractice to recover both economic and non-economic damages including medical expenses, lost wages, pain and suffering and compensation for any other losses stemming from the malpractice.
Skilled Syracuse Medical Malpractice Attorneys
If you or someone close to you has been injured by a physical therapist’s negligence, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse hospital malpractice attorneys are committed to helping New York clients resolve their daunting medical malpractice cases. Time is of the essence in these cases so it is imperative to reach out to a lawyer as soon as you are even thinking of filing a claim. Call us now at at 315-479-9000 or contact us online.
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