Physical Therapy and Massage Malpractice

Suing After Physical Therapy and Massage Malpractice – 11 Things to Expect in Florida

date iconMay 17, 2024

Physical therapy and massage can be invaluable tools for recovery, pain management, and overall well-being. But when these treatments go awry and cause further harm, the consequences can be devastating. If you find yourself in this unfortunate situation, pursuing a physical therapy malpractice or massage sex assault case in Florida, will require you to understand the legal landscape and what to expect when suing.

Physical Therapy Malpractice – What Is It, & Types

Physical therapy malpractice occurs when a therapist deviates from the accepted standard of care, resulting in harm to the patient. The standard of care refers to the level and type of care a reasonably competent and skilled healthcare professional would have provided under the circumstances that led to the alleged malpractice.

Types of Physical Therapy Malpractice

  • Improper performance of therapy techniques.
  • Lack of informed consent.
  • Insufficient patient assessment.
  • Failure to monitor patient’s progress.
  • Misdiagnosis or delayed diagnosis.

In Florida, physical therapy malpractice cases fall under the umbrella of medical malpractice lawsuits. These cases are intricate, require expert testimonies, and have a higher proof burden. Notably, they also have a shorter statute of limitations, which means you have a limited time frame within which to file your claim.

Massage Sex Assault Cases – Recognition & Legal Recourse

A massage sexual assault refers to a situation where a massage therapist engages in non-consensual sexual conduct with a client during a massage session.

Legal Recourse?

If you believe you have a case for massage sexual assault, you have the right to pursue criminal and civil actions against the perpetrator. A criminal case can lead to the imprisonment of the offender, while a civil lawsuit focuses on compensating you for the harm suffered.

11 Crucial Steps & Considerations to Expect When Suing for Physical Therapy Malpractice or A Case of Massage Sex Assault

Proving Malpractice

1. Burden of Proof: To successfully sue for physical therapy or massage malpractice in Florida, you must meet the burden of proof. This means demonstrating that the healthcare provider’s actions (or inaction) fell below the standard of care expected in the profession, and this directly resulted in your injuries or worsened condition. Gathering extensive evidence (medical records, expert testimony, etc) is crucial to building a strong case.

2. Damages Incurred: You must also demonstrate that there are financial losses (medical bills, lost wages, ongoing/future treatment for physical injuries).

The Legal Process

3. Seek Legal Counsel: Physical therapy malpractice and massage sex assault cases are complex, so it’s
It’s essential to hire a personal injury attorney who specializes in these areas. They can guide you through the legal process, ensure your rights are protected, and maximize your chances of a favorable outcome.

4. Demand Letter: Your attorney will likely start by sending a demand letter outlining the malpractice and damages to the healthcare provider or their insurance company, initiating settlement negotiations.

5. Lawsuit & Discovery: If a settlement cannot be reached, your attorney will file a lawsuit. The discovery phase will involve gathering additional evidence, taking depositions, and exchanging information with the defendant’s legal team.

6. Settlement: Many physical therapy malpractice cases are resolved through out-of-court settlements, which can provide a quicker resolution and avoid the uncertainty of a trial.

7. Trial: If no settlement is reached, a judge or jury decides based on the evidence presented.

Additional Considerations to Make

8. Time Commitment: Physical therapy malpractice cases can be lengthy, often taking several months or even years to resolve.

9. Legal Costs: Pursuing a massage sex assault case or physical therapy malpractice claim involves legal expenses, which should be discussed upfront.

10. Emotional Impact: Litigation can be emotionally draining, as you’ll have to re-tell your experience while dealing with the stress of navigating the legal system. Seek support from loved ones and mental health professionals as needed.

11. Dangers of General Negligence Claims: Incorrectly filing under general negligence instead of medical malpractice, could lead to case dismissal. Starting over under the correct category might cause you to miss the statute of limitations deadline, jeopardizing your chance to seek compensation.

Get Informed & Know Your Legal Options

If you or a loved one has been a victim of physical therapy malpractice or massage sexual assault in Florida, we urge you to reach out for a free legal consultation at 561-507-5700, or by visiting our website and getting into contact with us.