national chain, spinal neck injury
You may very well have a claim against the massage therapist. I would recommend meeting with a personal injury attorney to discuss the facts and determine whether or not there is a claim there. Any records you have regarding the treatment/massage and then subsequent medical records from the injury would be helpful to an attorney in determining if you have a claim.
Yes. However, this may be considered a medical malpractice claim, which are very difficult to win since doctors were out on a pedestal by the tort reform movement. Changes in tort laws that create special requirements for suing doctors or medical professionals now mean that a person with a meritorious claim almost needs a lawyer from the day he or she is injured in order to preserve his or her claim against the medical provider's insurance company.
A massage therapist is a health care practitioner in Washington State. If the injury was the result of treatment, then this would be a medical mal-practice type of claim. If the injury was sustained on the premises, like a trip and fall, then it is a different type in injury.
It is extremely difficult to prove malpractice in massage cases unless there is evidence of your physical condition just prior to the treatment. ie, if you were seeing a chiropractor or other practitioner who has xrays, ets, then you may have a good before v. after picture of your condition.
Most importantly, to prevail on this type of case, you need medical testimony that your injuries were a direct and proximate result of something the massage therapist did. That is, you need a doctor to say exactly what the injury is and how it was caused by the massage therapist.
I would sit down with a reputable personal injury attorney in the greater Seattle area to review your case. I agree with a lot of what others have posted. Your injuries sound very severe to be injured by a massage therapist and more information is probably available to better evaluate if you have a claim against the massage therapist. There are also ways to determine if any other patients have made formal complaints against this massage therapist to various medical licensing boards in WA State and it would be helpful to research whether or not this therapist has been disciplined for similar conduct.
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