How to Win a Physical Therapy Malpractice Lawsuit
Every healthcare professional knows the importance of keeping your patient’s records safe and secure. However, as is the case with any other profession, there are bound to be instances where a patient’s records are compromised. When this happens, the consequences can be severe. This is why some medical malpractice lawyers have even gone as far as to say that physical therapy is the most dangerous specialty in medicine.
That being said, not all PTs are bad. In fact, they are just doing their job. They are trained to work with patients who have injuries and ailments. They are also trained to work on their patients’ bodies to improve their strength, flexibility, and mobility.
However, as with any other profession, there are bound to be some PTs who are not up to par. That’s why some physical therapists can also become victims of medical malpractice lawsuits. To learn more about how you can win a malpractice lawsuit against your doctor, keep reading.
What Is Physical Therapy Malpractice?
Physical therapy malpractice happens when a physical therapist negligently causes an injury to a patient. In other words, they are negligent in their treatment of your injury.
According to legal experts in this field, the most common negligence that physical therapists can be found guilty of is letting their patients’ injuries go untreated. And this can happen in a number of ways.
One way is by not performing the necessary tests to determine the cause of the injury. Another way is by not recommending a treatment plan that is appropriate for the patient’s ailment.
These are just some of the ways in which physical therapists can be held liable for medical malpractice. However, not all PTs have a track record of negligence. In fact, some of them are even excellent physical therapists.
When Can a Physical Therapist Be Held Liable for Medical Malpractice?
There are a few instances that can make a PT liable for medical malpractice. They include:
Negligently diagnosing a patient’s ailment: According to many malpractice lawyers, this is the most common way that physical therapists are held liable for medical malpractice. It can happen if your PT negligently diagnoses your ailment and fails to recommend a treatment plan that is appropriate for your condition.
Failing to properly evaluate your medical conditions: Another way that physical therapists can be held liable for medical malpractice is by negligently failing to properly evaluate your medical conditions and injuries. This can happen if your PT fails to test your muscles and tissues to determine their strength, flexibility, and mobility.
Failing to treat your condition appropriately: Physical therapists can also be held liable for medical malpractice if they fail to treat your condition appropriately. This can happen if your PT fails to refer you to a specialist if needed, or if they fail to recommend a treatment plan that is both appropriate and effective.
What Are The Different Types of PT Malpractice?
Aside from the fact that you can win a PT malpractice lawsuit, there are also several different types of PT malpractice. They include:
Negligent failure to diagnose: If your PT negligently fails to diagnose your condition, they can be held liable for medical malpractice. This can happen if they do not perform a thorough physical examination on you, or if they do not order the necessary tests that may help them accurately diagnose your condition.
Failure to recommend treatment: If your PT negligently fails to recommend a treatment plan that is both appropriate and effective, they can be held liable for medical malpractice. This can happen if your PT fails to order tests to determine the cause of your injury, and if they fail to order a treatment plan that focuses on your condition and can help you recover.
Failure to refer: If your PT fails to refer you to a specialist if needed, they can be held liable for medical malpractice. This can happen if your doctor fails to properly diagnose your ailment and fails to refer you to a specialist.
How to Prove That Your Doctor Committed Physical Therapy Malpractice
When a PT malpractice lawsuit is filed, it’s because the plaintiff wants to win money from the defendant. But to do so, they first need to prove that the defendant is at fault. One of the ways to achieve this is by proving that the defendant committed physical therapy malpractice.
To prove that your doctor committed physical therapy malpractice, you will need to provide the court with several pieces of evidence. These include:
Medical records: Medical records can be very helpful in proving that your doctor committed physical therapy malpractice. This is because the records can show that your doctor negligently failed to diagnose your condition and recommend a treatment plan that is both appropriate and effective.
Expert witness: If you choose to have a physical therapy malpractice lawsuit tried in a jury trial, you might want to consider having an expert witness testify for you. This is because expert witnesses are trained to provide the court with relevant and important evidence.
Signatures: If the defendant is a hospital or clinic, you can also ask them to give you their patients’ signatures.
Physical therapy is a great profession that helps many people improve their strength, flexibility, and mobility. Unfortunately, there are also some physical therapists who are not up to par. This is why you need to be very careful when choosing a physical therapist. Make sure that they are qualified and experienced. Also, make sure that they are certified by the state board. This is because only certified professionals can legally practice physical therapy. If you follow these steps, you can ensure that your physical therapy is both safe and effective.