(845) 303-1000When medical professionals like physical therapists, occupational therapists, or rehabilitation specialists harm patients by providing inadequate care, there could be cause for a malpractice lawsuit. Winning an award for damages requires proving that the provider was negligent or failed to provide the medical standard of care, and a well-versed medical malpractice attorney could help with this process.
Some examples of harm include improper exercises or techniques or failure to properly assess the patient’s medical condition. However, a poor outcome from the treatment received is not the same as malpractice, and the case must show that certain elements exist. A Kingston rehabilitation and physical therapy malpractice lawyer from our firm could help you explore your legal options if you need help with a case.
Causes of Rehabilitation and Physical Therapy-Related Injuries
Suits against healthcare professionals may be the result of many rehabilitation and physical therapy-related injuries, and some examples include:
- Failure to create a comprehensive and appropriate treatment plan for patients
- Failure to obtain full informed consent from a patient for a proposed treatment
- Improper or inadequate assessment of conditions, leading to inappropriate treatment plans
- Improper methods, therapy techniques, or equipment that cause the patient to sustain injuries
- Poor communication between the medical provider and patient, which causes misunderstandings
- Lack of adequate monitoring during sessions, such as movements or balance, causing patients to sustain harm
- Filing to recognize adverse reactions or complications to act quickly and prevent avoidable accidents and injuries
A Kingston rehabilitation and physical therapy malpractice attorney could investigate to find the cause and evidence needed to establish liability.
Proving Fault
Proving fault in rehabilitation and physical therapy malpractice claims is crucial. It requires demonstrating that the provider deviated from the accepted medical care or treatment standard. The case must also establish that the patient sustained bodily harm and other damages due to the care they received.
Informed Consent for Medical Malpractice Claims
Healthcare providers, including physical therapists, must clearly explain and instruct patients regarding treatment, procedures, and medication. Informed consent allows patients to make the appropriate decisions while knowing the potential risks.
Under the New York Public Health Law § 2805-d, lack of informed consent also includes failing to disclose benefits, risks, and treatment alternatives that another provider would have in similar circumstances. Lawsuits based on a lack of informed consent must involve non-emergency care, treatment, or procedures that damage other healthy organs. The claim must show that a reasonable individual in the patient’s position would have refused the procedure if the provider had adequately informed them before proceeding.
It must also prove that the lack of informed consent caused the injuries and losses. A few exceptions to the rule include failure to review a widely known risk or alternative options that they determine could adversely affect the patient’s health. A diligent rehabilitation and physical therapy malpractice lawyer in Kingston could review the applicable laws during the consultation.
Call a Seasoned Rehabilitation and Physical Therapy Malpractice Attorney in Kingston for Help With Your Case Today
Licensed physical therapists or certified assistants have the authority to see patients practice and treat them using a combination of movements, stretches, and exercises to recover health conditions. Patients see them expecting to improve their condition and feel better.
Unfortunately, mistakes happen sometimes and result in severe injuries or worsening conditions. You have the right to file a suit against the liable party to obtain compensation for your damages and losses. Call a Kingston rehabilitation and physical therapy malpractice lawyer to learn more and schedule a consultation.