During a PT treatment for a muscular neck problem, she stretched my upper spine in an awkward fashion using her hand and an elbow into my forehead. The Chiropractor said my C1 was pushed up and to the left. I have had an MRI, cervical spine XRays, an EMG, and an injection of steroids under anesthesia. I have seen a Physiatrist, Pain Specialist and a Neurologist. I have taken rounds of steriod drugs, pain medications, nerve pain meds, muscle relaxers, etc. My pain has changed my life. I am unable to walk my dog, exercise or work at my own business. Most nights my mom or sister stay with me in case I wake up with my head on fire and I feel like I need their help to get through it. I am now being soley treated by a highly regarded pain doctor in Sarasota, FL. I was a fit 46 year old woman.
Then a local malpractice lawyer should order your records to investigate whether there was a breach of the standard of care. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
You should consult with a personal injury or medical malpractice lawyer in your area who can fully review your potential claim. If you are left with a permanent disability as a result of the physical therapist's actions, there may be a claim. A lawyer would want to know what type of back problem caused you to seek PT in the first place. To have a viable claim, a doctor would have to certify that your current problems all stem form the treatment you received from the physical therapist.
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If the physical therapist caused serious and permanent injury and you have a medical expert willing to testify that the therapist committed malpractice, then you may have a viable claim. In which case, you should contact a local medical malpractice attorney to discuss further.
Having recently encountered a very similar situation for a client, I can tell you that bad things can happen from improper manipulation. I strongly suggest you contact a personal injury lawyer who can review the situation for you immediately.
DISCLAIMER: This does not constitute legal advice. By providing the requested information you are not entering into an attorney-client relationship with this law firm. Only a written retainer agreement between you and our law firm can create such a relationship. We are only licensed to practice in NH and Massachusetts.
These are difficult cases that are typically aggressively defended. We employ a nurse paralegal who reviews all our medical records and she has been very helpful to us in resolving similar claims. As has already been said, you should have a reputable medical malpractice attorney review your records and discuss the case with you. Many people do not realize that NH has a medical malpractice screening panel process that can greatly increase the cost of pursuing claims like yours. Good luck as you proceed. I am very sorry about the pain you must endure. Lastly, remember you have only 3 years in which to bring he claim.
I'm going to tell you straight up. This is a very tough case. You'll need expert testimony to help prove your case. Given the fact your pain has become life-changing and disabling, it is worth calling an injury lawyer to lead the charge. If the PT caused all this, you would have a good case worth pursuing, even if difficult. Above all seek proper medical care and hopefully you can get better and overcome your ordeal.
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