I went in for a 'free' massage that this company sent to me for my birthday. I went in with no problems at all & left with a torn neck muscle. The massage therapist didn't even ask me if I wanted my neck done; she just pushed on it so hard to the point that I thought my neck was going to snap! It ended up being that she did in fact tear fibers in my neck. I let the therapist know that it hurt so she moved to another area and eased up for the rest of the massage. I didn't know that the pain I experienced in the massage was going to be long term. It was later in the day that the pain began to set in. It's been 2 weeks of extreme pain and a trip to the ER. I may even need physical therapy now. What can I do???
You certainly have the makings for a case against the massage therapist (and/or her company) for negligence.
Because such claims are inherently contingent upon medical expertise and the framing of the facts to show that the actions of the massage therapist were the direct cause of your injuries, it is highly recommended you go directly a lawyer and have them set you up for a medical evaluation to begin the investigation of your case.
The information provided in this and other answers on Avvo are general in nature and limited to the facts as stated. The information provided in this and other answers on Avvo should not be construed as legal advice on which the reader relies without further consultation with an attorney. No attorney-client relationship is created on Avvo question & answer forums. This attorney is licensed and admitted to practice law in the State of Florida only.
Personal Injury Lawyer
This is not defined as medical malpractice in Florida because a massage therapist is excluded from the definition of a medical provider in the medical malpractice statute. That is good foe you because the statute of limitations is four years instead of two years and there is no pre-suit screening required.
Still you have to show negligence. that is that the massage therapist acted without reasonable care. The fact that you were injured is not, by itself, sufficient to prove negligence. You will need expert testimony to prove negligence and expert testimony to prove that your current injuries were caused by the massage. (Following in time is not sufficient).
Also, your damages are probably not significant enough to justify the cost of having these experts opine on the issues.
You could try a small claims case if you have a friendly treating doctor to support your claim, but I doubt that you will find a lawyer to bring the case for you.
This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed.
Personal Injury Lawyer
Retain a local personal injury lawyer who would investigate to ascertain whether there was negligence which could be proven. Good luck.
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