Patients should be able to trust that a physical therapist’s expertise will help them recover safely and effectively. But what happens if a physical therapist’s actions or negligence cause you harm instead?
What constitutes medical malpractice in physical therapy?
Medical malpractice occurs when a healthcare provider’s actions deviate from the accepted standard of care, resulting in injury or harm to a patient. While physical therapists are not doctors, they are licensed medical professionals for the purposes of Ohio Revised Code Section 2305.113, and held to professional standards of care. If a physical therapist fails to meet these standards, they can be found liable for malpractice.
Not every poor outcome from physical therapy is grounds for a lawsuit. To qualify as medical malpractice, the harm must result from negligence or a breach of professional duty. Some common examples include:
- Improper techniques: This might occur when the therapist uses incorrect or overly aggressive therapy techniques, which aggravate an existing injury or create a new one.
- Failure to monitor: Neglecting to evaluate a patient’s condition properly, failing to monitor progress or ignoring signs of worsening symptoms can be grounds for a malpractice claim.
- Overlooking contraindications: Malpractice may involve administering treatment that is unsafe for a patient’s specific condition or medical history. For example, applying heat therapy to a patient with circulatory issues.
- Lack of informed consent: Performing procedures or exercises without adequately explaining the risks and obtaining the patient’s consent may be grounds for a claim.
- Equipment misuse: A physical therapist has a duty to ensure they’re not using defective or improperly maintained equipment during therapy sessions.
Proving a malpractice claim
To sue a physical therapist for malpractice, you must prove four key elements. First, you must show that the physical therapist had a professional duty to provide competent care during your treatment. Next, you must show that the therapist’s actions fell below the accepted standard of care. This often requires expert testimony from another licensed physical therapist. You then need to establish a direct link between the therapist’s negligence, and the harm you suffered.
Finally, you must prove that you suffered damages, such as medical expenses, lost wages or physical pain and suffering.
Medical malpractice suits have a shorter statute of limitations (the time in which you’re allowed to file a claim) than other Ohio personal injury suits. If you’ve been injured due to a physical therapist’s negligence, call the Law Offices of Tim Misny as soon as possible.
Talk to an Ohio medical malpractice attorney today
The Law Offices of Tim Misny can help you with your medical malpractice claim. If you or a loved one were injured due to someone else’s negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 944-4373 so that I can evaluate your case right away.
