If you are a physical therapist in New York City, your clients trust you to understand they are already severely injured and will, therefore, take all the necessary precautions to ensure you do not hurt them further. As such, if you are now facing a claim of medical malpractice, it can be incredibly jarring. However, time is of the essence, so acting promptly is critical to protect yourself and your medical license. The following blog explores how New York health care professional defense lawyers can represent you during these complicated times.

Understanding Medical Malpractice Claims Against Physical Therapists in New York City

Physical therapists play an integral role in helping patients recover from surgery or injuries; thus, this treatment carries significant importance and responsibility. As such, if a patient alleges that misconduct has occurred, they must show that their provider deviated from the accepted standard of care, thus resulting in considerable harm.

What a Patient Must Prove in a Malpractice Claim

To win a medical malpractice lawsuit, a patient must first prove several key aspects. They must prove that:

  • A patient-physical therapist relationship existed
  • The physical therapist owed them a duty of care
  • The physical therapist breached the accepted standard of care
  • The breach directly caused injury, complication, or worsening of conditions
  • The patient, as a result, sustained damages like medical expenses or lost income

How Physical Therapist Negligence Is Typically Alleged

It’s critical to understand that not every complication that arises during treatment or adverse effect will constitute medical malpractice under New York law. However, most valid malpractice claims are the result of improper supervision, unsafe progression, or failure to recognize risk.

Procedural and Treatment-Related Negligence

  • Overextension of a joint or muscle
  • Using defective or improperly maintained equipment
  • Dropping patients mid-transfer
  • Failing to assist patients during mobility exercises
  • Initiating unsafe or aggressive progression of exercises

Supervision and Safety-Related Negligence

  • Leaving patients unsupervised while using equipment
  • Failing to monitor a patient during a resistance exercise
  • Ignoring complaints of pain
  • Failing to adjust treatment despite pain
  • Failing to account for pre-existing conditions

Professional Misconduct Allegations

  • Inappropriate physical contact
  • Sexual misconduct
  • Boundary violations
  • Failure to obtain informed consent

What Are Some Of The Most Common Injuries Sustained Due To Physical Therapy Malpractice?

Physical therapy misconduct can result in several serious injuries, which is why you will need an experienced attorney to defend you if a patient claims he or she was injured as a result of your course of treatment.

Physical and Neurological Injury Outcomes

  • Spinal cord injuries
  • Strokes
  • Heart attack
  • Broken bones
  • Strains or sprains
  • Concussion
  • Fatigue
  • Lower back injuries

Psychological and Long-Term Injury Allegations

  • Chronic pain
  • Reduced mobility
  • Functional loss
  • Anxiety or depression
  • Loss of enjoyment of life

How the New York Office of Professional Discipline (ODP) Handles Complaints

If you are a physical therapist and are facing a malpractice claim, you will most likely be investigated by the New York Office of Professional Discipline, or OPD. If you are under investigation, you must hire an aggressive and knowledgeable medical malpractice attorney to fight in your corner. It is your duty to prevent untrue or unfair accusations from ruining your livelihood.

What OPD May Review During an Investigation

  • Patient charts and medical history
  • Treatment plans and record notes
  • Therapy progress documentation
  • Session notes and exercise logs
  • Imaging or medical reports
  • Provider statements
  • Witness or staff statements
  • Equipment and safety records

Possible Outcomes of an OPD

  • Advisory letter or cautionary guidance
  • Formal reprimand
  • Practice restrictions
  • Probation
  • License suspension or revocation (in severe cases)

What Physical Therapists Should Do After Receiving a Malpractice Notice

If you are a physical therapist and you have received a notice of malpractice from the New York OPD, it can be incredibly overwhelming and stressful to navigate. In general, you’ll find that the best course of action is to immediately contact an experienced attorney. The steps you take following a notice can have a significant impact on the outcome of your case, which is why obtaining legal representation early is critical.

Immediate Steps to Protect Yourself

  • Do not alter or modify treatment records in any capacity
  • Create a factual timeline with supporting documentation
  • Preserve all communications and reports
  • Notify your malpractice insurer immediately
  • Do not speak with patients regarding the claim
  • Do not address these claims publicly or online

Contact Our Experienced New York City Firm

If you are a physical therapist facing allegations of malpractice, the impact that these claims can have on your life is significant. You may find that not only does this impact your reputation and livelihood, but you may also lose your license. As such, working with an experienced health care malpractice attorney is in your best interest. At Walker Medical  Law, our team can examine your circumstances to craft the best defense possible. Contact us today to learn more.