Can I Sue The Physical Therapist With Assistance From Injury Lawyer In Stouffville?
You have gone to a licensed physical therapist for rehabilitation, but instead of getting better, your condition has worsened. You get a medical check-up and realize that you have undergone wrong treatment. Now, you must be wondering if you can file a case of medical malpractice against the physical therapist. If you are in doubt, you can always consult an experienced and knowledgeable medical malpractice Personal Injury Lawyer in Stouffville.
As you will be explained, various state definitions will always consider a licensed physical therapist as a health care provider.Even though you may feel elated on hearing that you can file a case of medical malpractice against the physical therapist, you should not. This is because the main battle has not even begun. You must always keep in mind that the medical malpractice rules and laws are so designed that it makes suing the health care provider very difficult. These laws are quite different than what are applicable in the other personal injury cases. As your Injury Lawyer in Stouffville will explain to you, there are certain procedures as well as limitations that are unique to the medical malpractice cases. There could be pre-suit requirements such as
• The screening panels
• You may be required to file an affidavit given by a medical expert witness
• There may be an upper limit on the compensation amount that may be awarded to you in case you win the case.
Some of the essential aspects of the medical malpractice case that your Injury Lawyer in Stouffville will file against the physical therapist are:
• You will have to prove that you were neither provided the acceptable standard care nor was due diligence done that any other Physical therapist with similar training and experience would have given in similar circumstances.
• Your attorney will have to search for a physical therapist with good experience who would be ready to testify on your behalf. He/she should be able to state what the proper and standard medical care should have been and how the defendant physical therapist lacked in it.
• You will also have to prove that not only was the defendant physical therapist deficient in his/her services and standard of care, but also that you received injuries because of his/her actions.
• Finally, you will have to explain the extent and depth of your injuries and how those injuries negatively affected your life in terms of medical bills, lost wages and impaired lifestyle.
But before you file the medical malpractice case in the court, your Personal Injury Lawyer in Stouffville will have to determine the culpability of the physical therapist. You must never forget that the physical therapist usually works as a team with the other health care providers. Also though the physical therapist usually determines the course of rehabilitation treatment, he/she will base his/her treatment on the medical assessments made by the primary treating physician.
If there is an error in the initial assessment itself or in the recommendation made by the primary health care provider, then you should file the medical malpractice case against your primary physician rather than the physical therapist. To read more Click Here