When performed correctly, physical therapy can put you on a road to recovery, improve your flexibility and coordination, and reestablish physical function. Given that every individual’s needs are different, a customized plan is devised after assessing the patient’s symptoms and goals. In an ideal world, a professional and experienced physical therapist should be able to teach you how to get better physically and to understand your body’s mobility better.
Unfortunately, as with any medical field, negligence can occur. Physical therapy malpractice can be especially distressing, since patients often turn to therapists for the final leg of their recovery — only to suffer further harm.
Physical therapy malpractice cases are low (2.5 claims per 10,000 working physical therapy professionals), but the consequences can be devastating when they do occur. In these cases, both the referring physician and therapist may be held accountable for damages.
What Is Physical Therapy Malpractice?
Physical therapy malpractice occurs when a therapist’s actions deviate from the standard of medical care, resulting in pain and suffering. The “standard of care” can be defined as practices and procedures that competent professionals, in the same industry, would reasonably follow under similar circumstances. When a therapist strays from commonly followed protocol, it could result in errors in treatment plans, failure to properly supervise exercises, or even intentional misconduct.
Types of Injuries Caused by Physical Therapy Malpractice
Since each treatment is personalized, physical therapy injuries can also vary greatly. However, here are some of the most common injuries:
- Muscle Tears: Overexertion or improper exercises can push a human body beyond its limits, causing tears, strain, severe pain, and setbacks.
- Nerve Damage: Poorly executed techniques or unsafe equipment can compress or damage nerves, resulting in numbness, tingling, or loss of function.
- Fractures: Improper handling of patients or unsafe therapeutic practices can lead to broken bones.
- Worsening of Existing Conditions: Misdiagnosis or unsuitable treatment plans can exacerbate the original injury or condition.
- Emotional Distress: Beyond physical harm, patients may experience anxiety, depression, or a loss of trust in medical professionals.
What Are Some Legal Issues in Physical Therapists?
Similar to other medical professionals, physical therapists must abide by both medical and legal standards to ensure the patient’s safety. At times, there are PTs who practice without proper certification or licensure, which is a clear violation of the law. In terms of documentation, patients must fully consent and be made aware of the risks and benefits of a proposed treatment prior to its start. Inaccurate or incomplete records may hinder a patient’s recovery and complicate legal claims.
Also, physical therapists must protect their patients’ personal and medical information under HIPAA guidelines.
Therapists who fail to uphold these standards can face lawsuits, disciplinary action, and damage to their professional reputation.
How to Identify Malpractice in Physical Therapy
If you or anyone you know is starting or undergoing physical therapy, watch out for these red flags:
- Persistent or worsening pain that doesn’t align with your treatment plan. Despite alerting the therapist to this issue, they haven’t listened or altered your plan.
- Little to no improvement, over time, especially when accompanied by unclear explanations.
- Exercises or treatments that feel unsafe or go against your doctor’s recommendations.
- Being left alone during complex or risky exercises.
- Rude, dismissive, or inappropriate conduct from the therapist.
Filing a Claim for Physical Therapy Malpractice
If you believe that you’ve been harmed due to physical therapy malpractice, taking legal action is necessary to secure compensation and to prevent similar incidents from happening to others. The best route to take is to consult an attorney who is experienced in malpractice lawsuits. Another angle to consider is understanding physical therapy malpractice insurance. This can influence the process and the potential compensation, as such PT malpractice insurance typically ensures the patient’s financial recovery.
Lipinski Law is well-versed in cases of medical malpractice and helps you collect all relevant medical records, treatment plans, and documentation related to your case. We consider every option to get you the best possible compensation and justice.
When in pain, filing a legal claim can feel like an overwhelming task, but we can help you through the process. Call us today at 561-453-4800 and schedule an informational consultation that’s completely free.
It’s important to act as soon as possible, as malpractice claims are subject to statutes of limitations that differ from state to state. Let us help you hold negligent professionals accountable and guide you toward the path of recovery and mental peace.