Physical Therapist Malpractice in Georgia: Your Legal Rights
Physical therapy is prescribed to help patients recover from injuries, surgeries, and chronic conditions. When a physical therapist’s negligence makes your condition worse instead of better, the results can be devastating. Physical therapist malpractice in Georgia occurs when a PT fails to meet the accepted standard of care and causes patient injury. This can include injuries during treatment, failure to recognize complications, and continuing aggressive treatment when the patient’s condition is deteriorating.
Common Forms of Physical Therapy Malpractice
- Excessive force or aggressive treatment: Pushing a patient beyond safe limits, causing fractures, torn ligaments, muscle tears, or nerve damage
- Failure to review medical history: Not accounting for pre-existing conditions, surgical restrictions, or contraindications before beginning treatment
- Improper exercise prescription: Assigning exercises that are inappropriate for the patient’s condition or stage of recovery
- Failure to monitor: Not observing the patient during exercises, missing signs of distress, or not adjusting treatment when the patient reports increased pain
- Burns from modalities: Improper use of ultrasound, electrical stimulation, hot packs, or other therapeutic modalities causing burns
- Falls during treatment: Failure to properly spot or support patients during balance training, gait training, or transfers
- Failure to communicate with physicians: Not reporting patient deterioration or complications to the referring physician
- Sexual misconduct: Inappropriate contact during treatment sessions
- Treating beyond scope of practice: Performing manual therapy techniques or diagnosing conditions beyond what Georgia law authorizes
Georgia Legal Framework
Physical therapists in Georgia are licensed under O.C.G.A. Title 43, Chapter 33. Malpractice claims follow the standard framework: O.C.G.A. § 9-3-71 (two-year statute of limitations, five-year repose), O.C.G.A. § 9-11-9.1 (expert affidavit), and O.C.G.A. § 51-1-27 (standard of care).
Both the individual physical therapist and their employer (hospital, rehabilitation center, or PT clinic) can be held liable. The employer is vicariously liable under respondeat superior for negligence committed by employee PTs within the scope of their employment.
Compensation Available
Under O.C.G.A. § 51-12-4, compensation includes medical expenses for treating the new injury caused by PT malpractice, additional surgery if the PT’s negligence caused re-injury or new injury, extended rehabilitation, lost wages during extended recovery, pain and suffering from injuries that should have been healing, setback in recovery and prolonged disability, and wrongful death under O.C.G.A. § 51-4-2 in fatal cases.
When Physical Therapy Makes You Worse
It is normal to experience some discomfort during physical therapy. However, there is a clear line between therapeutic discomfort and injury caused by negligence. If physical therapy caused a new injury (fracture, torn ligament), made your existing condition significantly worse, caused burns from equipment, or resulted in a fall due to inadequate supervision, these are not normal outcomes and may constitute malpractice.
Documenting Your Claim
If you believe your physical therapist caused you harm, immediately report your symptoms to both the PT and your referring physician. Request copies of your physical therapy treatment notes. Document your symptoms with photos, a pain diary, and records of how the injury affects your daily activities. Seek a second medical opinion to assess the extent of the injury.
Contact the Wetherington Law Firm
If you were injured by a physical therapist’s negligence in Georgia, contact us for a free consultation. We work on contingency — you pay nothing unless we win.
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