Hydrotherapy Malpractice Lawsuit Lawyer
Medical malpractice lawsuits are a form of personal injury claims that are filed against medical professionals or hospitals. The issue is that many individuals do not know how to adequately file them. Hydrotherapy is a form of treatment involving water, but not all medical professionals are skilled at utilizing it. Therefore, in the event of an injury, a victim can file a hydrotherapy malpractice lawsuit against the responsible party. Our law firm, the Downtown LA Law Group, has years of experience handling medical malpractice lawsuits and we can ensure that your hydrotherapy malpractice claim is a success. Let us work on your lawsuit today.
What is Hydrotherapy?
Hydrotherapy is the use of water to grant pain relief and treatment to injured individuals. It can take on many forms, some of which are semi-invasive and some of which are very independent. A few examples of hydrotherapy include:
- Colonoscopy cleansing, in which water is used to cleanse the colon for internal treatment and to remove any possible blockages
- Full body immersion to treat burns and skin damage
- Partial immersion to be used for physical therapy purposes, such as when individuals break their legs and cannot walk on solid ground yet
- Whirlpools, spas, hot tubs, and similar treatments for pain relief
Even though hydrotherapy uses water, not all professionals are able to help individuals. They may make errors and cause injuries. For example, during a colonoscopy cleansing, the water that was used could have been ridden with bacteria. This is a common problem with many treatments involving water – the water is not sanitary or is not properly sterilized. Using any water means the tiny microbes and other bacteria can cause infections and illnesses.
Further, if a physical therapist places someone in a pool and has them stretch or try to walk, it is important that they monitor at all times and do not step away. Some individuals have slipped due to weakness and have hurt themselves in the process. It is easy to fall due to an inability to catch yourself, and various injuries, sprains, and broken bones can happen.
If you find yourself injured due to hydrotherapy malpractice, contact one of our attorneys to take legal action.
Defective Medical Device
Defective Medical Device
How to File a Hydrotherapy Malpractice Lawsuit
To file a hydrotherapy malpractice lawsuit, you must establish that the doctor was negligent in some way. This is similar to personal injury claims that have four points of negligence. In hydrotherapy malpractice cases, you must show the following:
- You had a doctor/patient relationship with the medical professional
- The medical professional breached his duty of care in some way
- The breach of duty resulted in an incident or instance of malpractice
- The malpractice caused actual physical injuries
Medical malpractice lawsuits require the presence of another group of medical professionals to testify. They must agree that they would not have acted the same as the responsible doctor if the circumstances were similar. They would have taken different actions that would not have resulted in your injuries.
To file your hydrotherapy malpractice claim, you will need sufficient evidence on your side in addition to the testimony of these medical experts. You should get all the medical receipts, doctor’s notes, charts, test results, follow-up statements, medication, prescriptions, and more from the hospital to show the extent of your injuries and what kind of treatment you were given.
You should also make an additional medical appointment with another doctor to get separate treatments if you were injured. Do not hesitate too long to go to another doctor; the longer you wait, the more likely it is that your injuries will worsen. Further, a long delay between the initial botched treatment and a follow-up appointment can be suspicious to an insurance agent.
Take any pictures of your injuries if you can. This will be beneficial physical evidence.
There may have been eyewitnesses, nurses, or other patients who can testify to the malpractice. You may have family members who can also provide testimonies that you were noticeably injured after the procedure. You can add their statements to your claim.
Once you have gathered enough evidence, you should reach out to a skilled hydrotherapy malpractice attorney who can handle your claim for you. If you have never taken legal action before, you may not be able to proceed very far. The insurance agent will not work with you and will make low offers because you cannot adequately counter them or come up with proof as to why you deserve more. Our legal experts will deal with all the legwork for your case while you focus on recovering from the injuries.
Statute of Limitations to File a Lawsuit for Hydrotherapy Malpractice
In California, there is a statute of limitations of 1 year or 3 years to file a claim for hydrotherapy malpractice. You have 1 year to file a claim from the time you noticed the injury or the damage. However, if the year passed by without you becoming aware of the injuries, you will then have 3 years from the date of the hydrotherapy treatment to take action against the doctor or the medical center.
If you do not take action within that time period, you will not be able to receive any compensation for your damages. The statute of limitations is in place to ensure that claims are swiftly handled and parties are not stuck waiting for the other to begin. Both parties will have ample time to gather proof and build a case or a defense. When claims are quickly handled, the most evidence is preserved and eyewitnesses have a higher chance of remembering key details and events.
You may be able to have the statute of limitations temporarily suspended or extended beyond the deadline. This most commonly occurs when victims are underage at the time of the injuries, which means that the statute of limitations would not count down until the individual turns 18 years old. The doctor also may have vacated the state in an attempt to wait out the statute, but the deadline would be floating until he returned. Additionally, if the victim were left physically or mentally incapacitated, the statute of limitations would be suspended until returning to functionality.
Speak with an expert hydrotherapy malpractice attorney to determine if you are eligible for any exceptions to the statute of limitations. We will look over your claim and ensure that you do not file a lawsuit past the deadline. Too often, victims fail to adhere to the statute of limitations, and end up without proper compensation for their injuries.
Compensation from a Hydrotherapy Malpractice Claim
As with all personal injury claims, the amount of compensation you can receive can be extensive, and you can be covered for more than just the medical bills. The worth of your claim, though, will be largely determined by the insurance agent handling your case. If your injuries were extensive and your daily life and career were negatively impacted, you can likely expect a larger settlement than if you were not badly hurt. However, the insurance agent will try to pay you a small amount to preserve their profits. We will strive to win you the following:
- Medical bills and expenses for surgery, hospital stay, physical therapy, medication, future treatments, and more
- Property damage if you lost items somehow from the incident or injury
- Loss of income from the time you were unable to return to work, whether in the past or future
- Pain and suffering damages for emotional anxiety, fear, PTSD, psychological trauma, and more
In medical malpractice cases, there are caps on pain and suffering damages; you cannot receive more than $250,000.
There are rarer damages that you may be able to secure as well, such as punitive damages in times of gross negligence or wrongful death damages if a loved one or family member passed away, but these are situation-specific. Our attorneys will fight for your maximum damages no matter what.
The Best Firm in Town
The Downtown LA Law Group is one of the most highly rated law firms in Los Angeles. We have a team of expert lawyers who have decades of experience between them, and we always fully dedicate ourselves to our clients. Our success stories and reviews speak for themselves. If you need expert legal representation on your hydrotherapy malpractice lawsuit, do not hesitate to contact our offices. We are aggressive in our pursuit of compensation will go to court if necessary for your case.
Contact us today to set up a free legal consultation. If you have questions, we’ll gladly answer them and help you understand the value of your claim. Further, if you hire us, we’ll give you our zero fee guarantee. This means that you won’t pay any out of pocket expenses – we’ll cover all the costs ourselves, and if we win, the medical insurance company will pay our fees. If we lose, we take no payment and you owe us nothing.
To sue your doctor for hydrotherapy malpractice, get in touch with our team of attorneys at the Downtown LA Law Group.