If you were injured during rehabilitation in Florida, you may have a viable medical malpractice claim. The goal of rehabilitation is to aid in recovery, including rebuilding strength and recovering abilities. However, some individuals may suffer preventable injuries while undergoing physical therapy, occupational therapy, or other rehabilitation services.
When medical negligence causes an injury during inpatient rehabilitation or outpatient therapies, you may have a case for compensation. A Florida medical malpractice lawyer can help you understand your options and manage the claims process for you. Most law firms provide free consultations.
Recoverable Damages In Florida Rehabilitation Injury Cases
When someone who was hurt during rehabilitation successfully settles a case or wins a verdict in court, the money they receive compensates them for the economic and non-economic damages they incurred because of their injury. This could include a wide range of costs, including:
- Medical expenses, such as hospitalization, diagnostic tests, surgeries, and future care costs
- Rehabilitation costs, including further physical therapy or other therapies
- Necessary care and support for long-term injuries
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Reduced quality of life, usually due to permanent impairments
In rare cases, usually when there was intentional or egregious harm, a court might award punitive damages to an injured victim. This is not common.
What Types Of Negligence Injuries Occur During Rehabilitation?
Rehabilitation injuries can occur in many ways. Some causes could include negligent oversight of patients, unsafe equipment, or improper therapy techniques. Depending on the circumstances, this could support a medical malpractice or negligence case.
Some possible rehabilitation injuries include:
- Falls during therapy exercises
- Muscle injuries from overexertion or improper stretches
- Joint dislocations caused by improper exercises
- Ligament tears, sprains, or strains
- Fractures due to falls
- Worsening of a preexisting injury
If you suffer injuries during rehabilitation, getting medical care and documenting your injuries should be your first priority. However, it is important to tie your injuries to the incident or act that led to them. When possible, take photographs of any broken equipment or other evidence that could indicate what happened.
Proof In A Florida Medical Malpractice Claim Against A Doctor Or Rehab Facility
If your care was provided by a licensed healthcare provider, your rehabilitation injuries will likely fall under the state’s medical malpractice laws. To build a successful case based on Florida Statute § 766.102, you must prove that your rehabilitation facility or therapy provider deviated from the accepted standard of care and that their negligence caused your injury.
To recover compensation in a rehabilitation injury medical malpractice case, you must have evidence to document:
- A provider-patient relationship existed.
- The provider failed to provide the applicable standard of care.
- The provider’s failure caused your injuries
- You suffered injuries, financial costs, and other harm
The evidence in these cases usually includes medical records, medical expert testimony, and other documentation of your injuries, such as medical imaging. The process required to pursue compensation in these cases is complex and includes getting a written medical expert opinion confirming you have a potential case before you can proceed with your claim. You will want an attorney to help you navigate this process and represent your best interests throughout.
Who Is Liable For Rehabilitation Injuries?
The liable parties in these cases depend on the circumstances of the injury and who was responsible for your care. Some potentially at-fault parties include:
- Your therapist, possibly a physical or occupational therapist, who failed to provide an acceptable standard of care
- The doctor who ordered the therapy, mismanaged your injuries, or failed to monitor your progress
- The rehabilitation facility that failed to supervise staff or maintain a safe environment
In some cases, there are multiple liable parties. For example, a negligent physical therapist might be working in a rehabilitation facility that failed to maintain a safe environment, leading to an increased risk of injuries. Our attorneys can help you identify all potential defendants when you hire us to manage your case.
What Role Does The Severity Of My Injuries Play In My Case?
The severity of your symptoms and whether you have lasting injuries will affect the strength and value of your legal case. Your limitations and medical prognosis will help determine how much compensation you can pursue and whether your case qualifies as a catastrophic injury under Florida law.
Some circumstances that might increase your payout include:
- If you have a permanent disability, loss of mobility, or significant scarring
- If you are living with chronic pain or mental health issues because of the injury
- If you require extended recovery time or additional surgeries
- If you need long-term monitoring, treatment, or symptom management
Take Action As Soon As Possible To Protect Your Rights
Under Florida Statutes § 95.11, Florida law imposes a strict time limit on medical malpractice cases. You generally only have two years from the date you knew or reasonably should have known about the medical negligence to begin the process.
It is crucial to act quickly once you determine you might have a case. Waiting too long could mean permanently losing your right to seek compensation. The deadlines in these cases are often complex, and some circumstances could extend or pause this statue of limitations. We can assess the timeline that applies to your case during your free consultation with our team.
How a Lawyer Can Help After A Rehabilitation Injury
Navigating a medical malpractice claim can be complex, especially when it involves rehabilitation injuries. A Florida medical malpractice attorney will investigate what happened, gather evidence, consult with medical experts, and determine all liable parties.
They will also manage communication with insurance companies and legal filings on your behalf. With a lawyer on your side, you can focus on your recovery while they work to secure the compensation you deserve.
Discuss Your Florida Rehabilitation Injuries With Our Team Today For Free
At Anidjar & Levine, our team provides a complimentary consultation for victims. If you were hurt because of a care provider’s negligence at a Florida rehabilitation facility, we are here to help. Our Florida medical malpractice lawyers have experience handling complex malpractice claims. We will handle your case and guide you through the process. Contact us today to get started.
