(845) 802-0047Physical therapists and other experts in rehabilitative medicine play a crucial role in both maximizing mobility and minimizing long-term pain for those who suffer serious injuries and/or undergo significant corrective surgeries. Unfortunately, not every therapist fulfills the duties incumbent in that role with the appropriate amount of diligence. That lack of care sometimes has life-changing repercussions for their patients.
Like other healthcare providers, physical therapists can be held financially liable with a skilled malpractice attorney’s help for damage they cause through reckless or careless behavior. If you want optimal chances of a positive outcome from this sort of case, you should strongly consider retaining an Albany rehabilitation and physical therapy malpractice lawyer with past experience handling claims as unique as yours.
When is it Possible to Sue a Physical Therapist for Malpractice?
Although physical therapists are licensed and extensively educated medical professionals, they cannot always guarantee positive results from therapy, even if they provide the best care possible for their patients. Accordingly, it is important to understand that an unsatisfactory outcome from rehabilitative services is not by itself enough to warrant a malpractice lawsuit.
However, if a physical therapist fails to provide the level of attentive and compassionate care that should be expected of an equally qualified professional working under similar circumstances, they could be considered legally liable for avoidable harm that occurs. In legal terms, this is known as a breach in the standard of care. Proving that such a breach occurred is one of the foundational elements of a successful malpractice claim.
Another key component of this type of litigation include the existence of a legally established doctor-patient relationship between the injured plaintiff and the defendant they are filing suit against. There must also be a direct causation of specific injuries and accurate valuation of losses stemming directly from those injuries. Guidance from a knowledgeable Albany physical therapy and rehab malpractice attorney can be all but essential to understanding and proving the presence of these elements of negligence.
Special Rules for Malpractice Litigation in Albany
In addition to demonstrating negligence as defined above, plaintiffs in physical therapy malpractice cases must also comply with several unique regulations that apply exclusively to personal injury claims against healthcare providers. Most notably, New York Civil Practice Law and Rules § 3012-A requires all prospective malpractice plaintiffs to solicit an opinion in writing from at least qualified medical expert. The expert must agree that their case has merit, which takes the form of a “certificate of merit.”
Additionally, NY CPLR § 214-A allows most people injured by medical negligence, including those harmed by misconduct during physical therapy, just 30 months after their injuries occurred to formally file suit. Once again, a knowledgeable lawyer’s support can be crucial to ensuring that these legal restrictions do not unfairly inhibit the pursuit of civil compensation over rehabilitation and physical therapy malpractice in Albany.
Seek Help from an Albany Rehabilitation and Physical Therapy Malpractice Attorney
While most physical therapists diligently and effectively help their patients restore themselves to their pre-injury or pre-surgery condition, there are those who engage in reckless or careless conduct in a professional capacity. If you sustained serious harm because of such misconduct, you have legal options that experienced legal counsel could help you take full advantage of.
Working with a skilled Albany rehabilitation and physical therapy malpractice lawyer could make a monumental difference in your case’s chance of success. Learn more by calling today.