I Aggravated an Old Injury. Is My Physical Therapist Responsible?

April 8, 2019

As you strive to give your body the care it needs following a serious injury or invasive surgery, physical therapy can play a significant role in that recovery. Physical therapists cover a wide range of regimens, and their expertise often means the difference between smooth recovery and complications down the road.

But what if you find yourself in the opposite situation? What if, after both the surgery to repair a torn ACL and the subsequent physical therapy to regain strength and range of motion in your knee, you aggravate the injury that sent you to the operating table in the first place?

In this scenario, is it possible for your physical therapist to have played a role in prematurely clearing you? Could this be medical malpractice on their part? It could be, but proving a physical therapist’s negligence requires some steps from you first.

Playing Your Part

When it comes to medical malpractice and other negligence claims, one of the most important things you can do is make sure you follow your prescribed treatment plan.

If you break from the schedule your therapist sets out for you, or you go against their recommendations for safe activities after you’re cleared of their care, you’ll have almost no chance of finding negligence on their part.

On a similar note, if you reinjured the same area for which you received treatment in an incident unrelated to your previous recovery process, you generally won’t be able to pin any negligence on your health care providers.

Simply put: Follow the instructions your therapist gives you to the letter, and you’ll have cleared the first hurdle in establishing a medical malpractice claim.

Standard of Care and Proving Negligence

All professional caregivers subscribe to a standard of care when taking on patients. This standard both holds the healthcare provider to certain expectations and protects patients in the face of negligence.

Physical therapists fall under this standard as well. If you think your aggravated injury came about as a result of a therapist’s negligence, you’ll have to prove they did not provide the care another therapist would have for your situation.

Finding an expert in physical therapy (and, ideally, your type of physical therapy) to establish the proper medical standard for your care is vital. You’ll also have to prove the injury happened because of your therapist’s insufficient care. Without that direct link, proving medical malpractice gets much more difficult.

Help from an Indiana Medical Malpractice Lawyer

Recovering from injuries and surgeries is difficult enough without caregiver negligence. If you or someone you know has aggravated an injury due to the negligence of a physical therapist, Hensley Legal Group may be able to help. Call us today or contact us online for a free conversation about your claim. Our Indiana medical malpractice lawyers are here to help.