Many medical malpractice cases are filed through our top law firm each year, and we continue to bring our clients the compensation they deserve. Recently, there have been numerous medical malpractice cases stemming from negligence by a physical therapist. Patients have sustained injuries at rehabilitation centers after being placed in the care of medical professionals, and we want to help. Our clients are usually suffering from a separate condition, such as muscular atrophy in the wake of a surgery, and have sustained additional damage while under the supervision of a physical therapist. They may not know what the procedure is to recover their fair damages, and they may not know how much they are potentially entitled to. Our experienced lawyers are asked questions like:
- How much is my case worth?
- What is the average value of physical therapy malpractice lawsuit?
- How much is the average payout of a medical malpractice claim?
Injuries from Physical Therapy
Physical therapy is usually prescribed by a doctor who has administered surgery to you. It is given after you have sustained an injury or underwent surgery and need to re-strengthen your muscles. For example, if you had arthroscopic shoulder repair surgery, you were likely immobilized in a sling for a few weeks afterward, unable to move your arm. Due to this stagnancy, the muscles atrophied and you lost a lot of strength and mass. Your physician would likely prescribe a certain number of weeks of physical therapy to help stretch the scar tissue, increase mobility, harden you to the discomfort, and re-strengthen your grip.
However, he may have gone too far while stretching your arm, dislodging a newly repaired tendon or loosening some of the connective bands that were attached to your shoulder to keep it stable. This can lead to intense pain and will require an additional surgery to reconnect all of the damaged parts, after which you would still need to complete physical therapy – likely at a further-back step than you were at before.
If a physical therapist is negligent in his care for you, you can suffer back injuries, neck injuries, joint problems, muscle damage, intense pain, crooked spine, stiffness, broken bones, sprains, strains, and other problems. Of course, these do not stem from nowhere; they come from excessive or overpowering stretching, subjecting you to faulty equipment, letting you fall while helping you, and various other faults of judgment and action.
However, not all injuries sustained at physical therapy are the fault of the professional. There is the chance that a doctor prescribed the wrong type of rehabilitation or your condition is simply too problematic to be alleviated, and all efforts only worsen it. In this case, your medical malpractice suit should be directed towards the doctor, whose misdiagnosis was more damaging than the physical therapist’s actions, as the therapist was merely completing his job duties. An expert lawyer experienced in physical therapy injury cases can help.
Potential Damages
Medical malpractice lawsuits can bring you compensation of various damages sustained in a physical therapy incident. You are liable to have your medical expenses covered; these costs can include both past costs, which were debts accrued while being treated, and future costs, which are the projected amounts any other procedures, surgeries, or treatments will cost. These damages are usually the most sought-after in medical malpractice lawsuits, as medical bills are very expensive and can take years to fully pay off; thus, attorneys will usually pursue them first and foremost.
If your injury resulted in you having to take time off from work in order to receive additional medical treatment or physical therapy, you would be able to recover damages for lost wages. Like medical costs, you can be compensated for past wages from missed days at work as well as future wages that have not yet been lost but will be due to surgery, hospitalization, and recovery times.
You may also collect damages for pain and suffering, which details any emotional anguish you suffered as a result of the injury. This anguish can be in the form of anxiety and fear of further medical appointments or therapy sessions, mood changes, psychological issues, and other mental problems. When these mental injuries are paired with physical conditions, your health is at great risk. It is highly advised that you seek the legal counsel of an experienced attorney.
It should be noted, however, that in the state of California, the maximum amount of compensation you can receive for pain and suffering is $250,000. This does not include economic damages or punitive damages. Punitive damages especially are very difficult to argue for in a medical malpractice claim, as you would need to prove that the therapist acted with the intention of causing you harm or was abusive in some way. These damages are very hard to win, and only an accomplished attorney with expertise in physical therapy injury lawsuits would be able to secure them for your settlement, as many juries view them as unnecessary and harsh.
Average Settlement Amount
No two medical malpractice cases are the same, and determining your case worth is difficult, as you can only use similar cases are benchmarks; however, those results may wildly vary between each other. A common settlement value for medical malpractice lawsuits dealing with physical therapy can be in the six-figure range – yes, $100,000 or more. However, some cases have been settled for nearly half a million dollars, and usually involved permanent damage or gross negligence on the part of the physical therapist.
A malpractice case against a physical therapist can be worth over $150,000 if he hurt you to the extent that you need additional surgeries or medical treatments and prolonged your recovery. The worth of your lawsuit could be more than $250,000 if you were left with permanent injuries, such as a greatly diminished range of motion, and if you were thus unable to return to your job and must pursue new career opportunities. A lawsuit featuring small or ineffectual damages might not settle for more than $20,000, if that much at all.
The properly qualified lawyer with experience handling physical therapy injury claims will be able to get you well above the average payout for a medical malpractice lawsuit. However, not all lawyers are proper: many are lazy and choose to do as little they can to get quick settlements so they can collect quick checks. They do not place any emphasis on their clients and are unconcerned with their health and economic situation. If you already have an attorney and would like a second opinion on your case, or you feel he is not up to scratch, reach out to us.
Our team of skilled lawyers at the top-rated Normandie Law Firm will aggressively fight the insurance agency for an above average settlement. We will not rest until you are fully and fairly compensated for your injuries. Our primary concern is you and your case, and we dedicate our time and energy to winning you what you deserve.
Free Consultation and Zero Fee Guarantee
We offer a free legal consultation on your case, as well as a zero fee guarantee when you take us on: you pay nothing out of pocket and we are only paid if we win your case. Our law firm works exclusively on contingency. We believe that anyone seeking legal representation and assistance should not have to worry about costly fees, especially if the end goal is a sizeable settlement. You should not take an economic hit because you wanted to receive fair compensation. To learn more about this policy, call one of our attorneys with experience in physical therapy injury cases today.
If a physical therapist has injured you, you may be able to file a medical malpractice claim against him. Call Normandie Law Firm to speak with an attorney who has experience in physical therapy injury claims.
