Legal Options for Military Personnel Affected by Failed Physical Therapy Treatments – For the Military – Khawam Ripka LLP
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Legal Options for Military Personnel Affected by Failed Physical Therapy Treatments
Legal Options for Military Personnel Affected by Failed Physical Therapy Treatments

Introduction

Physical therapy is a critical component of rehabilitation for many service members, particularly those recovering from injuries sustained during combat or training. However, when military healthcare providers fail to deliver proper physical therapy or make errors in treatment, the consequences can be severe, prolonging recovery or even worsening the injury.

In cases where physical therapy treatments are mismanaged, delayed, or improperly executed in military healthcare facilities, service members may be entitled to legal remedies. Khawam Ripka LLP specializes in helping military personnel and their families seek justice in medical malpractice cases, including those related to physical therapy.

In this blog, we’ll outline the potential legal options available to military members who have suffered from failed physical therapy treatments and the steps you can take to hold military healthcare providers accountable.

The Role of Physical Therapy in Military Healthcare

Physical therapy is often an essential part of recovery for military personnel who have sustained injuries, whether in combat or during training exercises. Common conditions treated with physical therapy include:

  • Musculoskeletal injuries such as fractures, sprains, and strains

  • Spinal cord injuries resulting from trauma or accidents

  • Post-surgical rehabilitation following orthopedic or soft tissue surgeries

  • Traumatic Brain Injury (TBI) rehabilitation

  • Amputations and prosthetic training

When physical therapy is done correctly, it can significantly improve a service member’s recovery, helping them regain strength, mobility, and independence. However, when errors occur in the diagnosis, treatment, or approach to physical therapy, it can lead to further injury, prolonged pain, and permanent disabilities.

Types of Failed Physical Therapy Treatment in the Military

Failed physical therapy treatments can occur in a variety of ways. Some of the most common types of physical therapy malpractice in military healthcare facilities include:

1. Improper Diagnosis or Treatment Plan

Physical therapy begins with an accurate diagnosis of the condition that needs treatment. If the healthcare provider misdiagnoses the injury or fails to create a treatment plan that addresses the service member’s specific needs, it can delay recovery and even make the condition worse.

For example, if a service member with a torn ligament receives improper rehabilitation exercises, they may risk exacerbating the injury or causing new damage.

2. Inadequate Supervision or Instruction

Physical therapy is a hands-on process that requires skilled supervision. If the therapist fails to properly instruct the service member on exercises or provides inadequate supervision, it can lead to further injury. In military facilities, where therapists may be overburdened or undertrained, such issues can arise more frequently.

3. Failure to Adjust Therapy Based on Progress

Successful physical therapy requires continuous assessment and adaptation of treatment plans. If a therapist does not adjust the treatment plan based on a service member’s progress or setbacks, the condition can worsen. For instance, if physical therapy exercises are too strenuous or not challenging enough, they may either fail to aid in recovery or cause additional harm.

4. Negligence in Post-Surgery Rehabilitation

For service members recovering from surgery, rehabilitation is critical for regaining strength and mobility. If a physical therapist fails to follow a proper post-surgery protocol or provides substandard care, it can significantly hinder the recovery process and result in lasting damage.

Legal Options for Service Members Affected by Failed Physical Therapy

If you have been harmed due to negligent physical therapy in a military healthcare facility, you may be entitled to pursue a legal claim. Here are the primary legal options for service members affected by failed physical therapy treatments:

1. Filing a Claim Under the Federal Tort Claims Act (FTCA)

The Federal Tort Claims Act (FTCA) provides a legal pathway for civilians and military service members to sue the U.S. government for negligence, including cases involving medical malpractice. To file an FTCA claim for failed physical therapy treatment, you must demonstrate the following:

  • Negligence: The therapist or healthcare provider failed to meet the accepted standard of care.

  • Causation: The failed physical therapy treatment directly led to injury or worsened the existing condition.

  • Damages: You must show the impact of the failed treatment on your recovery, including physical, emotional, and financial damages.

A key part of filing a claim under the FTCA is submitting a Standard Form 95 (SF-95) within two years of discovering the injury. This form outlines the details of the incident, injury, and claim for damages.

2. Pursuing a Claim Under the Military Claims Act (MCA)

The Military Claims Act (MCA) is another route for active-duty service members to pursue a claim for injuries caused by negligence in military healthcare settings. The MCA offers a similar process to the FTCA but focuses specifically on claims made by active-duty personnel.

The MCA allows service members to seek compensation for medical malpractice, including failed physical therapy treatment. However, claims under the MCA are typically resolved through administrative processes and may not involve a civil court.

3. VA Claims for Veterans

For veterans who received physical therapy treatment at a VA medical facility, a claim for malpractice can be filed through the Department of Veterans Affairs (VA). If you believe that your injury or condition was worsened due to negligence or mismanagement in physical therapy, you can seek disability compensation or other benefits through the VA.

Building a Strong Case for Failed Physical Therapy Treatment

To pursue a successful claim for failed physical therapy treatment, service members must prove several key factors:

  • Medical Evidence: Gather your medical records, including treatment logs, physical therapy records, and any imaging or diagnostic tests. These records will help establish the timeline of your injury and treatment.

  • Expert Testimony: Expert testimony from physical therapists, medical professionals, or other specialists can help demonstrate how the care you received was substandard and led to further injury.

  • Documenting Impact: Keep detailed records of how the failed physical therapy affected your health, including pain levels, inability to work, and other life disruptions caused by the prolonged or worsened injury.

Why Choose Khawam Ripka LLP?

At Khawam Ripka LLP, we are dedicated to fighting for the rights of military service members who have suffered harm due to medical malpractice, including failed physical therapy treatments. Our attorneys understand the unique challenges of military medical malpractice cases and have a proven track record of securing compensation for our clients.

We offer personalized legal support and are committed to helping you navigate the claims process, whether you are filing an FTCA, MCA, or VA claim.

Contact Khawam Ripka LLP

If you or a loved one has suffered from failed physical therapy treatments in a military healthcare facility, contact Khawam Ripka LLP today. Our experienced legal team is ready to help you understand your legal options and fight for the compensation you deserve.

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Here at Khawam Ripka, we are passionate about helping heroes in the military get the attention and financial compensation they, and their families, deserve.

If you or someone you love has been a victim of military medical malpractice, we would be honored to represent them and their family in their claim.

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